The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, although it can be fully recognized that the defendant submitted a false complaint to the effect that, as stated in the facts charged in the instant case, “D would sell an apartment house at a half-value with the intention of having D receive criminal punishment,” such as making a false statement that D would sell it in a half-value, etc. with the intention of having D receive criminal punishment, and obtained by deceiving the defendant as a down payment, the court below judged that the facts charged in the instant case were not proven, and sentenced not guilty, and the judgment of the court below erred

2. Determination

A. The summary of the facts charged of this case is to have D subject to criminal punishment, and the facts do not have the fact that D deceiving the Defendant and deceiving the property, notwithstanding the fact, around April 16, 2012, the Defendant submitted a false complaint to the public service center head of the above public service center by preparing a false complaint to the effect that “In spite of the fact that D, the Defendant, who was the Defendant, did not have the intention or ability to sell the apartment E apartment (hereinafter “instant apartment”) 1002, the window E apartment (hereinafter “Defendant E apartment”) of Changwon-si, the window E apartment (hereinafter “the instant apartment”), which is the Defendant, was located in the window F of Changwon-si, Changwon-si, and the down payment would have sold the said apartment at the half price of the next market, and that it was obtained from B as the down payment, and obtained 20 million won under the name of the down payment, and that it was punished as the Defendant’s lawsuit,” thereby making the false complaint to the effect that it would be punished as the fraud.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

B. 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 reported false facts are objective facts.