The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended.

1. Although the summary of the grounds for appeal is obvious that the Defendants had never known the possibility of falsity, the lower court erred by misapprehending the legal doctrine as to the intention of false accusation, such as dependent only on the change of the Defendants who have difficulty in paying, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is the representative of “F” each other, and Defendant B, who runs the above “F” together with the above A, was in charge of the issuance of bills and endorsement in the name of the above A.

Defendant

B decided to prepare a written complaint in the name of A and submit it to the investigation agency, and the defendant A conspired to attend the investigation agency and make statements in accordance with the above written complaint.

Defendant

B around July 12, 2013, around July 12, 2013, at the office of a certified judicial scrivener H located in Guro-gu Seoul Metropolitan Government, I prepared a written complaint under the above A for the purpose of having I receive criminal punishment.

The written complaint states that "I, the defendant defendant-appellant, forged A's name and seal in the name of the defendant-appellant at a place from January to February 2, 2012 without the consent of the complainant (defendant A) and then forged A's name and seal in the bill number of exchange issued by J company I, the due date of payment "K", the face value of "89.5 million won", and the seal of "F company A and Dongdaemun-gu Seoul Metropolitan Government L," and forged the name of the endorser and uses the above promissory note to M around that time, and thus, the defendant-appellant punished the defendant-appellant as the crime of forging securities and the crime of uttering of forged securities."

However, in fact, upon the above I's request, Defendant B affixed a name tag and seal in the name of the endorser of the above Promissory Notes, which was ordinarily held in the column of endorser of the above Promissory Notes, and Defendant A knew that the above seal affixed to the column of endorser of the above Promissory Notes was used in the above F, and that B affixed the seal directly.

Nevertheless, the defendant B is working-dong in Yongsan-gu around July 15, 2013.