The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

The defendant and public defender's grounds of appeal are examined together (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The reported fact itself, in order to constitute a false crime for the purpose of having another person subject to criminal punishment, should be able to constitute a criminal punishment, and thus, reported false facts.

Even if the fact itself does not constitute a criminal offense, the crime without accusation is not established.

(see, e.g., Supreme Court Decisions 92Do1799, Oct. 13, 1992; 2006Do558, Apr. 13, 2007). Examining the contents of the written complaint prepared by the Defendant, the purport of the complaint is that “the Defendant paid KRW 9.5 million to C with the lease deposit for the instant house, and C has paid KRW 9.5 million, and C has filed an accusation against the Defendant of Chinese nationality as an illegal foreigner in order to not refund the full amount of the deposit for lease.” For the following reasons, such a complaint shall not be deemed a criminal offense in itself.

First of all, in a lease contract with a lease deposit, a lessor is obligated to allow a lessee to use and benefit from the object, and if the lease is terminated, the lessor is only obligated to refund the remainder of the lessee’s obligation arising until the order of the lessee regarding the relevant lease, such as overdue rent, etc., out of the lease deposit, and is not in the position of safekeeping the lease deposit for the lessee or managing the lessee’s business. Thus, even if the Defendant refused to return the lease deposit exceeding nine million won, the crime of embezzlement or the crime of breach of trust is not established.

In addition, the defendant.