The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the defendant delivered the instant money to D as a job referral for employment, but the court below made a false confession at the court below upon the request of D to "a false statement stating that he lent the instant money as a medical engineer's business fund," and therefore, the court below found the defendant guilty of the facts charged in the instant case even though the contents of the instant complaint are not false, there is an error of misunderstanding of facts.

2. Around December 19, 201, the summary of the facts charged was prepared by the Defendant at the C Licensed Administrative Agent Office near the Seoul Northern Police Station located in the Chungcheongnam-si Police Station in the Seoul Special Metropolitan City (Seoul Special Metropolitan City), and on March 31, 2009, the Defendant made a false statement to the effect that “D would find employment without the intention or ability of the complainant A to find employment of the complainant A, and would be punished because he/she received KRW 30 million and received it,” and then the Defendant made a false statement to the effect that “The Defendant would be punished because he/she received KRW 30 million.” On the other hand, the Defendant submitted the above complaint to the employees under the name-free circumstances in the civil service center in the above police station (which appears to be a clerical error in the military police station) and made a false statement at the investigation and the office of the Economic 1 Team.

However, the fact that the defendant only lent the money to the above D as a medical engineer's business fund, and there was no money in the above terms of employment mediation.

Accordingly, the defendant had the above D with the aim of having the D receive criminal punishment.

3. The requirement that the reported fact is false in contravention of objective facts is established when the reported fact is established with the intention of having another person subject to criminal punishment or disciplinary action against him/her, and that the reported fact is false in contravention of objective facts. The requirement that the reported fact is false only with the passive proof that the authenticity of the reported fact is not recognized, concluding that the reported fact is false in contravention of objective truth.