The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the factual errors and the misapprehension of the legal principle) is erroneous in the misapprehension of the legal principles as to the criteria for determining the degree of timely statement of “false facts” in the crime of false accusation, and by determining the credibility of evidence by violating the rules of evidence as to the evidence corresponding to the facts charged

2. Determination

A. The summary of the facts charged is that the Defendant is a field agent at the construction site of the Yeongdeungpo-gu Seoul Metropolitan Government Building B, and C is one of the building owners of the above new loan.

From October 2016, the Defendant had expressed an attitude to transfer the construction work to the D Company by the owner of the building, including C, from around the above site he had been working.

On July 2017, the defendant prepared a written complaint against C with a view to having C punished by criminal punishment at his own house at his own house.

The statement of the complaint was known to the effect that "C, despite having received 72 million won from other building owners, paid 67 million won to the principal and embezzled 5 million won." There was no difference in fact that C has received 72 million won from other building owners.

Nevertheless, on July 5, 2017, the Defendant submitted the above complaint to the Seoul Yeongdeungpo Police Station E and the mitigated F, and filed the complaint with C.

B. The lower court, based on the evidence duly admitted and examined, sent the following facts and circumstances, namely, C and I (referring to M, the owner of the building in the name of the building) among the owner of the building newly constructed B, and the Defendant agreed to pay the owner of the building additional contributions at the car page or restaurant adjacent to the construction site to the Defendant by reducing the amount of KRW 72 million from KRW 72 million to KRW 67 million; N, C,O, and P, the owner of the building, KRW 10 million each on May 31, 2016; H transferred the amount of KRW 12 million to the M (B building); and M transferred the amount of KRW 12 million to the said account from June 15, 2016 to the Defendant’s account (hereinafter referred to as “M”). The amount of KRW 60 million transferred from June 15, 2016 to the Defendant’s account.