The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant filed the instant complaint against E with the knowledge that part of the cleaning service cost was returned again to L’s operator, according to the agreement entered into with G and H Co., Ltd. (hereinafter “L”) (hereinafter “the instant contract”) as long as it was substantially operated as a single company, as long as it was not indicated otherwise, the Defendant knew that part of the cleaning service cost was embezzled pursuant to the agreement entered into between G and H (hereinafter “L”) and L Co., Ltd. (hereinafter “L”). In collusion with M, the Defendant knew that E, who was the representative director of G, has embezzled the amount equivalent to the service cost.

Therefore, since the defendant did not recognize that the contents of the complaint of this case were false at the time of the complaint of this case, he did not have any intention to commit a crime against the defendant.

Nevertheless, the judgment of the court of first instance which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(b) the sentence 1 that considers unfair sentencing (one year of imprisonment and two years of suspended sentence) is too unreasonable;

2. Determination:

A. (i) In the determination of the assertion of mistake of fact, a report of false facts refers to a conclusive or dolusent recognition and report that the reported fact goes against objective facts, and thus, even if it is inconsistent with objective facts, if the reporter is true and reported, the crime of false accusation is not established.

The report is false even if it is based on objective facts known to the reporter.

(2) If the reporting person is aware of the existence of a false or false fact, the reporting person is false on the basis of objective facts known to the reporting person.

While recognizing that there is a possibility of being false or false, one's own assertion is unconditioned.