The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. Summary of grounds for appeal;

A. The investment agreement of this case of mistake of facts is prepared by G on October 19, 2007 by itself, and the defendant has not forged it.

Therefore, the judgment of the court below which recognized that the defendant committed the crime of false accusation and the attempted crime of lawsuit fraud against G by exercising the investment agreement of this case forged under the premise that the investment agreement of this case was forged, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too heavy.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as well as the following circumstances recognized by the statement in the court of the trial of M as to the assertion of mistake of facts, the Defendant may acknowledge the facts of forging the instant investment agreement, and further, the Defendant committed the crime of attempted litigation by using the forged investment agreement as stated in the lower court’s holding.

1) The instant investment agreement appears to have been concluded between C and F, which is actually operated by the Defendant and C, with the seal of the Defendant’s name attached thereto, and the following G seals are affixed, stating “F representative director: G.” The content of the instant investment agreement is as follows: H, I, and J land and its ground buildings (hereinafter “instant real estate”) at the time of strike owned by the Defendant.

(B) “B” provides the instant real estate as security to “(State)F.” The “BF Representative G” bears each interest on loans of KRW 140 million from the National Federation of the National Federation of prior collateral security rights established on the instant real estate and additional loans of KRW 340 million from the instant real estate as security, and with respect to loans of KRW 140 million from the first and second collateral security rights, G and “B” shall reimburse the interest and principal and with respect to the first and second collateral security obligations, the Defendant shall be appointed as the director of the said company, and the Defendant shall be appointed as the director of the said company.