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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since it is true that a person who is false and misleading facts embezzled the custody of the defendant, the defendant is not guilty of false accusation.
B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.
2. Determination
A. The lower court’s determination on the assertion of mistake of facts is based on the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court, namely, ① the details of withdrawal of KRW 200,000 from the Defendant’s deposit account at the end of August 2017, unlike the details of the Defendant’s complaint, do not appear (No. 1st page 47 of the evidence record). ② As to the embezzlement of the Defendant’s custody, the Defendant merely asserts that he/she knows that he/she had knowledge of his/her possession (No. 10,84 of the evidence record), (3) the amount of custody is automatically transferred from the prisoners’ deposit account through electronic transaction, and thus, it appears that a person other than the nominal account holder is unable to withdraw cash at his/her own discretion, and the Defendant embezzled that he/she was a staff managing the custody money.
In full view of the fact that the respondent seems not to be in charge of the management of the money kept in custody (Article 1 and No. 49 of the evidence record), etc., the defendant can find the false fact by filing a false accusation with the intent of having the person under custody receive criminal punishment.
B. It is clearly stated that it is difficult for the defendant to judge the unfair argument of sentencing, and that the defendant did not lead to criminal punishment against the person who was missing, and that the defendant revoked the complaint against the person who was missing at the investigation stage, the fact that the defendant did not have the record of the same crime, and that the ability to distinguish the object would be somewhat reduced compared to the normal situation is favorable to the defendant.
(b).