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The prosecutor's appeal is dismissed.
Reasons
1. Even based on the facts acknowledged by the court below, the defendant was aware that the real estate of this case was not owned by C at least on June 30, 2009 through July 1, 2009. Thus, the defendant filed a false complaint that he had acquired the above fee even though he was not acquired by deception, and thus, the crime of false accusation is established as to the above part. However, the judgment of the court below which acquitted the defendant on the ground that it is merely a exaggeration of the circumstance, and it is erroneous in the misunderstanding of facts or misapprehension of legal principles.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged:
1) From May 29, 2009 to June 15, 2009, the Defendant, as well as E, F, G, and H (hereinafter referred to as “instant four real estate”) including the Daegu-si Si Dengu Sin-si Sin, Daegu-si.
A) A lease agreement was concluded with respect to KRW 10 million, monthly rent of KRW 1,00,000 (payment on July 15, 2009), and around that time, C paid KRW 10,000,000 to the Defendant. At that time, C did not mention the Defendant as to the ownership relationship of the instant real estate. In addition, the Defendant paid KRW 40,250,000 to J and K with the premium of June 30, 2009, which operated the “I” restaurant in the instant real estate.
3) Upon receipt of the notification from the Korea Rural Community Corporation that the instant real estate was owned by the Korea Rural Community Corporation, the Defendant entered into a lease agreement between the Korea Rural Community Corporation and the Korea Rural Community Corporation on July 30, 2009, setting the period from July 30, 2009 to July 29, 2009 as annual rent of KRW 2,009,210. (4) The Defendant paid each monthly rent of KRW 1 million under the instant lease agreement to C on July 15, 2009.
5 The defendant, who was the defendant, on April 13, 2012, C, the real estate of this case, is the Korea Rural Community Corporation.