Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and nine months.

Defendant .

A. In fact, misunderstanding of the legal principles (Defendant B) did not explain to the Defendants that the Defendants would modify the principal of the installment stated in the instant application for subscription by the O on July 4, 2014, and the Defendants did not agree to the modification of the principal of the installment.

In addition, since the defendant A filed a complaint for M under his own name, the defendant A cannot be established as a crime of aiding and abetting the defendant B.

However, the lower court found Defendant B guilty on the grounds of the testimony of M&G without credibility. In so doing, the lower court erred by misapprehending the legal doctrine on the establishment of a principal offender or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Illegal sentencing (the Defendants) committed by the lower court (two years of imprisonment, confiscation, and six months of imprisonment) is too unreasonable.

2. Determination

A. Judgment ex officio (the part against Defendant A in the judgment of the court below) is examined ex officio prior to the judgment on the grounds for appeal by Defendant A.

According to Articles 157 and 153 of the Criminal Act, in a case where a person who committed an accusation under Article 156 of the Criminal Act makes a false statement of the fact before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or exempted. However, in the lower court, Defendant A denied the instant accusation and led to the confession of the offense in the first instance. According to the records, the non-prosecution disposition against the person who was not subject to the accusation was issued and the judgment on the case was finalized at the present time.

Therefore, according to Articles 157 and 153 of the Criminal Code, the punishment for the crime of false accusation against Defendant A is to be mitigated or exempted as necessary. In this regard, the judgment of the court below cannot be maintained further.

B. The Korean Criminal Procedure Act adopts the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement made by the witness of the first instance trial on Defendant B’s misunderstanding of facts or misapprehension of legal principles.