The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not enter into an agreement with K for the sale of pine trees as stated in the lower judgment, and there is no fact that K paid 1.69 million won to the Defendant for pine trees that were taken out around April 23, 2015.

Therefore, the defendant's accusation of K for the theft of pine trees does not constitute a false accusation.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court as a whole in view of the evidence duly examined and adopted by the lower court regarding the assertion of mistake of facts, the Defendant entered into an agreement with K to sell and purchase pine trees, and as a result, K agreed to cut the 41g of pine trees in paragraph (3) below, and (4) even if the 13g of pine trees was paid the price and the 13g of pine trees were cut, the dispute between K and pine trees occurred, and thus, reported to the police station the false fact that “K illegally cut the said pine trees without permission” was reported to the effect that “the said pine trees were cut off.”

Therefore, the defendant's assertion of facts is without merit.

① From April 2014, K engaged in a scambling and landscapeing business with the Defendant running a pine farm, K entered into an oral agreement to trade pine trees in V, first of all, with the Defendant’s farm, while K would pay the Defendant a price later.

② In accordance with this agreement, on April 7, 2015, K supplied approximately 170 glue trees to V at the Defendant’s farm, and paid KRW 15 million out of the 20,000 won paid from V to the Defendant. There is a defect in V around April 10, 2015, about approximately 170 glue trees, which is about 65 glue of approximately 170 glue.

The return was made.

③ When K notifies the Defendant of the foregoing defect and return of the said defect and returned the said pine trees to the Defendant, it is different in lieu of 65 glus of the returned pine trees.