The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

Judgment ex officio is made.

1. A person who has reported false facts to a public office for the purpose of having a criminal punishment imposed upon another person;

Even if the fact is an offense subject to victim's complaint and it is obvious by the contents of the report itself that a public prosecution cannot be instituted after the lapse of the time limit for filing the complaint, there is no risk that the pertinent state agency's duties shall be exceeded (see, e.g., Supreme Court Decision 98Do150, Apr. 14, 1998). Meanwhile, according to Articles 354 and 328 of the Criminal Act, a crime of fraud between lineal blood relatives, spouse, relatives living together, family members, or their spouse shall be exempted, and a public prosecution shall be instituted only when there is a complaint among other relatives.

In addition, the period for filing a complaint is six months from the date on which he/she becomes aware of the offender under Article 230, Paragraph 1 of the Criminal Procedure Act.

Here, it means that a person who has the right to file a complaint becomes aware of a criminal is aware of the criminal facts and criminal facts to the extent that the person who has the right to file a complaint can file a complaint, and the fact that the person who has the right to file a complaint knew of the criminal facts refers to a conclusive perception of the facts that the person who has the right to file a complaint has suffered from the crime subject to victim's complaint (see Supreme Court Decision 2001Do3106, Oct. 9, 200, etc.). 2. The summary of

A. Defendant A, who was sentenced to 2 years and four months of imprisonment due to a crime of violation of the Narcotics Control Act (a crime of violation of the Act on the Control of Narcotics, etc.), was sentenced to imprisonment and the sentence became final and conclusive, was confined to the Chuncheon Prison, and, in order to move to the original prison where his family lives, instigated Defendant B, a relative or Defendant B, to file a false complaint against himself with the original branch office of the Chuncheon District Public Prosecutor’s Office.

B. A false complaint stating, around November 30, 2015, Defendant B received it, that “A borrowed KRW 50,000 from Defendant A on October 1, 2012 and has not yet been repaid, thereby punishing Defendant B for fraud.”