The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) filed a complaint with C who succeeded to the general affairs pursuant to lawful procedures, and even though the Defendant was aware on March 23, 2018 or July 31, 2018, which was the date of filing of the complaint of the instant case, that he/she had the authority to manage the passbook to manage the passbook, the account was stolen or embezzled by withdrawing the deposit without authority by collusion with B and C around November 9, 2018, even though he/she was aware that the Defendant had the authority to manage the passbook around July 31, 2018, which was the date of filing of the complaint of the relevant complaint of the instant case. This merely exceeds the exaggeration of the reported fact, and thus, constitutes a crime of false accusation as it constitutes a case where part of the false fact acts of the State or alters the overall nature of the fact of complaint to the extent that it might undermine the legal stability of the individual.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Around November 9, 2018, the summary of the facts charged in the instant case submitted a written complaint stating that “The Defendant conspired with the Defendant Party B and the Defendant Party C to keep the deposit passbook of the depositor Party A (hereinafter “instant deposit passbook”) as of March 20, 2018, KRW 14,628,638 of the deposit passbook A as of March 20, 2018, and the head of the Tong returned the passbook to the Defendant, who is the Defendant, was faced with an economic team office at the same police station and the head of the Dong Police station office on November 16, 2018, the Defendant did not return the deposit passbook to the Defendant without authority, stating that “The deposit passbook was made in collusion with the Defendant, but the Defendant did not return the deposit passbook to the Defendant without authority.”

(b).