The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles led to confession of the charges of false accusation from the third trial date of the original trial. However, the defendant merely asserted the fact that he/she had signed in the letter of execution of this case, and did not deny that he/she had no intention to make a false accusation.

Nevertheless, the lower court erred by misapprehending the fact that the Defendant had denied the criminal intent by alleging that he had filed a complaint with the knowledge that the instant written statement of performance was false and that he would not be aware of it, and by failing to grant a necessary reduction or exemption pursuant to Article 157 and Article 153 of the Criminal Act when the person who committed a crime without accusation was led to the confession of the person who committed the crime.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (fine 10 million won) is too unreasonable.

2. According to Articles 157 and 153 of the Criminal Act for ex officio determination, when a person who committed an offense without a complaint surrenderss himself/herself, prior to the judgment of a case on which a false fact was reported or a disciplinary measure became final and conclusive, the punishment shall be mitigated or remitted

In the trial, the Defendant led to confession of the facts charged in this case, and it is evident that the Defendant had not instituted a public prosecution against C with respect to the fabrication of private documents and the uttering thereof, and that his judgment has become final and conclusive.

(see, e.g., Supreme Court Decision 2018Do7293, Aug. 1, 2018). Accordingly, the lower judgment was unable to be maintained as it is, on the ground that the punishment against the Defendant ought to be reduced or exempted as necessary pursuant to the foregoing provision.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's mistake of facts, misunderstanding of legal principles, and the argument of unfair sentencing, and the judgment below is again ruled as follows through pleading.

【Reason of the judgment of the court below] Criminal facts recognized by this court are recorded in the corresponding column of the judgment below.