The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The fact-finding defendant delivered 20 million won to E as the expense for recovery of claims and not delivered to G under the pretext of delivering it to G.

Therefore, although the defendant did not file a false accusation, the court below found him guilty of the facts charged in this case, and there is an error of misunderstanding of facts.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Around January 12, 2009, the Defendant prepared a false complaint against E using a computer for the purpose of having E obtain criminal punishment from “D” offices located in Jongno-gu Seoul Metropolitan Government.

The statement of the complaint states that "The defendant E, who did not have an intention or ability to recover the claim, will recover the claim amounting to KRW 20 million from F on the face of the State, and would have received KRW 100 million from the complainant on September 9, 2004, and would be punished for having received KRW 20 million from the complainant on September 9, 2004."

However, in fact, the defendant did not transfer money to E with the cost of recovery of claims, but ordered E to transfer money of KRW 20 million under the pretext of delivery to G.

In addition, on January 12, 2009, the defendant submitted the above complaint to the police officer who could not know his name at the police station of the Dong-dong of the Government of the Government of the Government of the Government of the Government of the Republic of Korea, and rejected E.

B. The lower court found the Defendant guilty of the facts charged as evidence of the statements, etc. in investigation agencies and courts E and G.

C. The burden of proving the facts charged in a criminal trial for the judgment of the court for the trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, it shall be convicted against the defendant.