A. Although there is no credibility of each statement of F, C, and G, the lower court found the Defendant guilty of the facts charged in this case as evidence, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of a fine of three million won against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the following circumstances are acknowledged.

① Since the Defendant made a false statement in order to escape him from being punished as a direct principal offender for the crime of fraud, attempted fraud, or for the crime of fabrication of private documents and the crime of uttering thereof, the Defendant alleged that his/her statement is not reliable. However, even if he/she is a statement made by a person who is able to be co-offenders with the Defendant, he/she may not reject the credibility of such statement

However, G, at the lower court, testified that “F did not protect medical care in February and March.” However, as the Defendant brought a record book of long-term care benefits and provided medical care protection as if it had been done by using a record book to receive overdue charges, G, thereby doing so.” Accordingly, the Defendant had the F’s seal, and the Defendant took up the bill of long-term care benefits provision. The Defendant testified that “I will bear self charges on behalf of F, and pay the supply cost.” The Defendant testified that “I will pay the supply cost on behalf of F,” which corresponds to the facts charged in the instant case.”

(Court Records 96-97, 98, 99). However, G made the same statements in police (Evidence Records 40-41, 45) and prosecutions (Evidence Records 116-19, 122-123, 124).

Therefore, G's statements are consistent and concrete, and are reliable.

(2) The defendant of the written statement prepared by G (No. 5 of the evidence submitted by the defendant, No. 9 of the evidence records) shall be CF.