The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, D Co., Ltd. (hereinafter referred to as “Co., Ltd.” is omitted from the name of a corporation for convenience) operated by the Defendant, does not have to fully assume the obligation to pay unpaid wages to on-site workers from G, an existing subcontractor.

Moreover, on-site workers H received both wages from G in 2013, May 2013, and wages from D in 6, 7, and August 2013, and there is no wage obligation that D has to pay to H.

domestic H was not paid wages for April, 2013 from G.

Even if the Defendant confirmed the fact that H had already received wages from G for April, 2013 through the labor expense ledger in August 4, 2013, prepared by the firstman on August 2016, before the Defendant filed a complaint against H on the charge of fraud (hereinafter “the instant complaint”). Thus, the Defendant had no choice but to believe the content thereof.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles as to the defendant's intention without intention, and the fact that the defendant filed a complaint cannot be seen as false.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In full view of the following facts acknowledged by the lower court and the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, and all the circumstances that can be known or inferred therefrom, the Defendant had an intention to make a false accusation, as well as the fact that the Defendant filed a false accusation can be sufficiently recognized.

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

1) In a criminal trial, the facts recognized in the final and conclusive judgment of another criminal case related thereto are the reliable evidence unless there are special circumstances. In light of other evidence submitted in the criminal trial in question, the relevant criminal case shall be the only evidence.