The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Since a mistake of fact-finding defendant prepared to D and drafted a false statement on D's request, the court below erred by mismisunderstanding the fact and convicted the defendant.

The punishment sentenced by the court below of unfair sentencing (ten months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, in particular, the statement of payment, receipt, goods transfer angle, and written confirmation of the Defendant’s preparation, the Defendant: (a) entered into an agreement with D on December 29, 2011 to import shoulders as container; (b) embezzled USD 22,275 (Korean Won 26,40,00) by receiving remittance from the complainant A; (c) entered into an agreement to import the yellow machine in Korea on January 16, 2012; and (d) embezzled the amount of USD 12,90 (Korean Won 14,937,000), KRW 12,00,000 (Korean Won 14,937,000) from the complainant; and (d) forged the amount of KRW 36,30,000 by receiving a false accusation from the complainant on March 23, 2012; and (d) forged the amount of KRW 150,301,5000.3.

Therefore, the defendant's assertion of mistake is without merit.

On October 15, 2010, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Northern District Court (Seoul Northern District Court on January 17, 201) and completed the execution of the sentence on January 17, 2011, and committed the instant crime during the repeated crime period. The crime of false accusation is a crime detrimental to the timely trial function of the State’s penal authority by ensuring that the Defendant is at risk of being subject to unfair criminal punishment or disciplinary punishment, and thus, is highly likely to be subject to criticism. The motive and crime of the instant crime.