The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the records show that the defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court on October 12, 2012, and the above judgment became final and conclusive on December 13, 2012. Thus, the crime of false accusation in the judgment of the court below is in a concurrent relationship with the crime of false accusation for which judgment became final and the crime of false accusation in the latter part of Article 37 of the Criminal Act, and the crime of false accusation in the latter part of Article 39(1) of the Criminal Act must be sentenced to punishment for the crime of this case in consideration of equity and cases where judgment is concurrently rendered in accordance with

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts acknowledged by this court are as stated in the first head of the criminal facts as stated in the judgment of the court below, "the defendant was sentenced to eight months of imprisonment with prison labor for an act of false accusation at the Seoul Central District Court on October 12, 2012, and the above judgment became final and conclusive on December 13, 2012." The summary of the evidence is the same as stated in the corresponding column of the judgment of the court below, except for addition of "an interview, a copy of each judgment," and therefore, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and the first part of Article 39 (1) of the Criminal Act (the crimes of the market and the second part of Article 39 (1) of the same Act for

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant confessions the crime of this case and reflects it, and as seen earlier, the crime of this case becomes final and conclusive.