The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant only reported that he did not prepare a monthly rent contract at the first complaint, and the first complaint was sent to E, the owner of the house, who was paid monthly KRW 250,000,000, even though he was a monthly rent of KRW 200,000,000 at the first complaint, and only submitted the complaint in order to legally solve this.

Therefore, it is not necessary to report false facts for the purpose of having a criminal punishment imposed upon another person.

In addition, the punishment of the court below (the fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. A false statement in the crime of false accusation against a mistake of fact shall be made voluntarily, and it does not constitute a crime of false accusation in the process of capitalping out or drawing up a statement by an investigative agency, etc., i.e., an investigation agency, etc., in the process of making a false statement. However, if an investigation agency voluntarily made a statement when it receives a supplementary protocol for the accusation of a complaint, the portion of the statement shall be deemed to have been reported.

In addition, whether a statement by a witness is made through an investigation agency, etc. should be determined by considering the following factors: the process of the investigation, the procedure of questioning by the investigation agency, the forms and details of answers thereto, the facts suspected of the investigation and the relevance of the statement by the witness.

(See Supreme Court Decision 2013Do4429 Decided February 21, 2014 (see, e.g., Supreme Court Decision 2013Do429). Comprehensively taking account of the evidence duly admitted and examined by the lower court, the accusation book did not state the purport that the Defendant forged the lease contract by specifying the Defendant Party B, on August 16, 2018. However, the Defendant was present at the investigation station and office of the Seongbukdong Police Station and office of the Seoul Sungdong Police Station on August 16, 2018, and the investigator, “Defendant Party B,” without authority, at the location of the region where it is unknown on November 11, 2015.