A. misunderstanding of facts and misapprehension of legal principles merely stated that D has reported to D about the suspected part of E's mobile phone theft, and that D has not ordered D to make a false report as if it was stolen the mobile phone content sold by D, and as stated in the judgment of the court below.

B. Even if the sentencing was found guilty against the Defendant, the sentence of the lower court (the sentence of two years of suspended execution in August, and the community service order of 200 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts and legal principles, the court below's finding the Defendant guilty of the facts charged in this case is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the Defendant.

This part of the defendant's assertion is not accepted.

① The D consistently stated in the investigative agency’s investigation to the effect that “A false accusation was filed against the Defendant and C” was consistent. There is no specific and natural explanation or explanation of the circumstances and circumstances, and there is no special reason or motive for D to make a false statement.

② On November 27, 2015, E reported the Defendant on November 27, 2015, at the Ulsan District Labor Office of Busan, due to the unpaid wages, etc.

Therefore, the defendant was a strong motive for having D file a false complaint against E in order to avoid such a report, and was under suspension of execution at the time of suspension of execution.

D There is no reason to file a false complaint against E even though D did not receive instructions from the Defendant, while taking charge of punishment for the crime of false accusation.

③ Defendant, C, and D were divided into the following dialogues in the group hosting room. Such a series of dialogues are objective evidence supporting D’s statements.