We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts (Defendant 1) ① The Defendant did not mislead D (the first instance judgment). ② The Defendant, by deceiving the Defendant, did not take money by deception (the second second instance judgment) and did not raise any doubt (the first instance judgment: imprisonment with prison labor for 6 months, and second instance: 1 year). The sentencing of the lower court’s unfair sentencing (the first instance judgment: imprisonment with prison labor for 6 months and 2 years) is too unreasonable.

B. The lower court’s sentencing of the Prosecutor No. 2 is too uncomfortable.

2. Ex officio determination

A. The judgment of the court of first instance and the judgment of the court of second instance rendered an appeal against the defendant, and the prosecutor also filed an appeal against the judgment of the court of second instance, and the court of second instance decided to hold concurrent hearings of the above cases. Each crime of the judgment of first and second won is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below in 1 and 2 cannot be maintained as it is, and all of them must be reversed.

B. However, the Defendant’s assertion of mistake of facts as to the judgment of the court below Nos. 1 and 2 is still subject to a trial by this court, and the following is examined.

3. Determination of the lower judgment on the assertion of mistake of facts as to the first instance judgment

A. The judgment of the court below 1) The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him/her. Here, the phrase "a false report" refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and thus, it includes part of the reported facts.

Even if the false part is not an important part affecting the nature of crime, but only an exaggeration of reported fact, it is not a crime of false accusation, but it is not a crime of false accusation.