A. On June 21, 2010, the Defendant: (a) reported a detailed statement of the entry and exit of the head of Tong in the name of G (Evidence No. 9; hereinafter “detailed statement of entry and departure”); (b) transferred KRW 5,260,000,000 in total to the agricultural cooperative account under the name of G, the husband of D on June 21, 2010; and (c) deposited KRW 5,300,000 in cash to the Saemaul cooperative account in the name of G on June 22, 2010; and (d) filed a complaint with D, such as the written complaint, by deeming that the Defendant had paid KRW 10,00,000,000,000,000,

Nevertheless, the lower court convicted the Defendant of the facts charged in this case by misunderstanding the facts.

B. Around March 2015, the complaint of this case against Defendant D by misunderstanding of legal principles was filed against the victim's complaint subject to victim's complaint, and the time when the J, who is the father of the defendant's wife, written the details of the deposit and withdrawal is prior to 2013.

Therefore, even though the accusation of this case did not constitute a crime of false accusation since six months have elapsed since the day on which the criminal was known, which is the period of complaint subject to victim’s complaint, the lower court convicted the Defendant by misapprehending the legal doctrine.

(c)

The punishment sentenced by the court below against the defendant (2 million won) is too unreasonable.

2. Determination

A. The judgment on the assertion of mistake of facts is established when a person reports the fact that is not reliable for the purpose of having another person be subject to criminal or disciplinary action. As such, the reporting person does not need to be sure that the reported fact is false (see, e.g., Supreme Court Decisions 90Do1065, Oct. 12, 1990; 2006Do8638, Mar. 29, 2007; 2012Do4531, Dec. 24, 2014). (2) Comprehensively taking into account the evidence duly adopted and examined by the court below, ① According to the lease agreement that the defendant directly prepared with the lessee F, the deposit amount is KRW 10 million, and five million from the account under his/her name on Jun. 8, 2010 to the effect that the reporting person is false.