A. misunderstanding of facts and misunderstanding of legal principles are true that the Defendant was deceiving D to borrow money, but was not repaid, and that the Defendant was accused of assault and intimidation from D and thus, it does not constitute a crime of false accusation.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the misconception of facts and the misapprehension of legal principles, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous or, in light of the results of the first instance court’s examination and the results of additional examination of evidence by the time of closing argument in the appellate court, unless there are exceptional circumstances where maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unreasonable, the appellate court should respect the determination on the credibility

(see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). The Defendant asserted the same purport as the grounds for appeal in the lower court. The lower court rejected the Defendant’s assertion under the title “Determination on the Defendant and his/her defense counsel’s assertion” and determined that the Defendant was guilty of the instant facts charged, by providing a detailed explanation of the Defendant’s assertion

Examining the circumstances properly presented by the court below in light of the relevant legal principles and the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the defendant in the judgment of the court below.

B. The argument on unfair sentencing is made.