Therefore, the judgment of the court below which found the defendant guilty, even though the contents of the complaint submitted by the defendant are not false, is erroneous in misconception of facts, since C and D acquired money by the defendant, and D stated the above money as C's guidance in court is contrary to memory.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is recognized that the amount of KRW 51,50,000 that the Defendant paid to D was a gold that C shall receive from the Defendant, and thus, the Defendant is deemed to have submitted a false complaint with the intent to have C and D punished criminal punishment.

A. The defendant, when preparing KRW 50 million from D, was proposed by D to allow him to borrow the remaining money to take over the beauty room, and there was no agreement on the due date or interest for the money loaned by D. However, D was a person operating the bond business, and the defendant also borrowed money from D at an annual interest rate of 365%. The defendant's assertion that D lent money to the defendant without the due date and interest agreement is inconsistent with the rule of experience.

B. The Defendant entered into a contract with K, the owner of the F Beauty room, and directly paid the down payment of KRW 10 million.

Nevertheless, the Defendant alleged that the intermediate payment is to be paid in the name of D and delivered KRW 51.5 million to D, but it is difficult to understand that the Defendant who paid the intermediate payment to D is to pay the intermediate payment in the name of A.D.

C. On April 28, 2009, the Defendant paid KRW 30 million to C on April 28, 2009. D on May 28, 2009.