무고
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal (fact-finding) the Defendant, along with F, was to operate an illegal gambling site, and the Defendant loaned KRW 29 million from E to F and G as investment deposit, and delivered it to F and G as investment deposit, and it can be sufficiently recognized that there was no fact that the Defendant had F and G keep the above KRW 29 million. Since the Defendant delivered the above KRW 29 million as investment deposit in the illegal gambling site, it constitutes illegal consideration and the crime of false accusation is established unless the Defendant concealed such fact and filed a complaint against F and G as embezzlement.
Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant's accusation of embezzlement against F and G based on the judgment of evidence in the judgment of the court below is merely erroneous in the subjective evaluation of law or exaggeration of the circumstances of the accusation. The court below's decision that the defendant not guilty of the facts charged of this case is just, and it is hard to conclude that the evidence of this case alone is proven to the extent that there is no reasonable doubt, and since no new evidence corresponding to the facts charged of this case was submitted at the court below, it does not seem that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.