The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant above.

1. The decision of the court below on the summary of the grounds for appeal (7 million won in penalty) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, in a case where the person who committed a false accusation reported the false fact, and voluntarily surrenders himself before the judgment or disciplinary action becomes final and conclusive, the punishment should be mitigated or exempted (Articles 157 and 153 of the Criminal Act). According to the evidence duly adopted and investigated by the court below, the defendant led to the investigation by the prosecutor, and the defendant led to the confession of the instant accusation since he was investigated by the prosecutor, and it is obvious that the trial becomes final and conclusive because the criminal case against D was not prosecuted, and therefore, the punishment for the Defendant’sless accusation should be reduced or exempted in accordance with Articles 157 and 153 of the Criminal Act.

Nevertheless, the lower court erred by failing to exempt the Defendant from punishment with respect to the crime of false accusation, and thus, the part of the lower judgment against the Defendant was unable to be maintained.

3. If so, the part of the judgment of the court below as to the defendant is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the part against the defendant among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act shall be reversed and the decision shall be rendered again as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and they are fully quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4(1)1, Article 2 subparag. 3(b) (the point of scopon medication) of the Act on the Management of Narcotics, Etc. for the Crime, Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, Articles 156 and 30 of the Criminal Act, each of the options of fines;

2. Legal mitigation is stipulated in Article 157 of the Criminal Act;