The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Summary of Grounds for Appeal

A. misunderstanding of facts or misunderstanding of legal principles, B forged six copies of the application form for mobile phone entry under the name of the defendant without legitimate delegation by the defendant, and even if the defendant consented to the preparation of the above application form, such consent is made by deception B, and criminal fraud regarding six mobile phones may be established. Therefore, the defendant cannot be deemed to have reported false facts contrary to objective truth, such as the statement in the facts charged.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. Determination

A. Since the crime of false accusation against a mistake of facts or misapprehension of the legal doctrine is established when the reported fact is false against the objective truth with the intention of having another person subject to criminal punishment or disciplinary action, the requirement that the reported fact goes against the objective truth requires positive proof, and the establishment of the crime of false accusation is not recognized solely with the passive proof that the truth of the reported fact cannot be recognized, concluding that the reported fact goes against the objective truth.

(see, e.g., Supreme Court Decisions 83Do1401, Jan. 24, 1984; 2018Do2614, Jul. 11, 2019). In full view of the evidence duly adopted and examined by the lower court, it is confirmed that the Defendant had passed three parts of O on October 30, and three parts of N on November 3, 19.

November 30, 1200,000 won of the subsidy shall be deposited into the passbook himself/herself.

The next generation will enter into this letter of confirmation on the condition that the opening is confirmed under the existence of the person responsible.

I confirm that the outlined machine has been brought immediately to the opening.

Contract documents are understood as having been made by the customer to the seller B due to the difficulty of visit.

The fact that the defendant has signed an opening confirmation letter with the content of "..........."