A. Fact-finding 1) The Defendant entered into a lease agreement with H on the part of K, which was ordered by H, and thus, it cannot be deemed that the contents of the instant complaint are false. Even if the details of the instant complaint are false, B acquired the security money in collusion with H, even if the details of the complaint are false.

Since it was doubtful that the defendant did not recognize that the details of the complaint were false facts.

As such, the defendant had an intention of false accusation.

subsection (b) of this section.

2) A false testimony as stated in the facts charged is made by B himself/herself or according to H’s teachers, and there is no fact that the Defendant instigated B to make a false testimony.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of fact, the criminal intent in the crime of false accusation is not necessarily required to be a conclusive intentional act, and dolusent intent is sufficient. Therefore, it is unnecessary to ensure that the crime of false accusation is established by reporting the fact that the reporting person is not true, and that the reported fact is false.

According to the evidence duly adopted and examined by the court below and the court below, the following facts can be acknowledged.

B and F (B’s wife) jointly owned the Eunpyeong-gu Seoul Metropolitan Government apartment G 102 Dong 303 (hereinafter “instant apartment”). However, in the instant apartment, the registration of provisional attachment with three credit card companies was completed, the maximum claim amount of KRW 275.6 million and three credit card companies.

B did not have the ability to continue to repay the interest of the collateral security obligation.

B and H, on October 22, 2013, delegated the authority to conclude the instant apartment lease agreement and to receive the deposit, and H paid KRW 20 million to B, and consulting on the part of the deposit exceeding KRW 20 million by leasing the instant apartment.