The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, although it is possible to fully acknowledge the fact that the defendant was not guilty of the facts charged in this case, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On January 12, 2012, the Defendant prepared a false complaint with respect to C using a shot pension in the public service center of the Ansan-gu Police Station in Ansan-gu, 1586-4, Ansan-si, Masan-si, Masan-si.

On February 28, 2008, the written complaint stating that "A, the defendant, sold a multi-family house F in the Jung-gu, Ydae-gu, the Gyeonggi-gu, the Gyeonggi-gu, the Gyeonggi Gyeonggi-do Office of the E Licensed Real Estate Agent (hereinafter "the instant house"), which was owned by the defendant, and did not notify the complainant of the extension of the said house without permission, and subsequently, issued a removal order concerning the extension without permission, thereby incurring about KRW 70,000,00,000, such as the cost of removal for the extension without permission, charges for compelling compliance, etc., and acquired the amount of the said money." The fact that C sold the said house and notified the defendant of the extension without permission, and C sold the said house by an agreement that the defendant succeeded to the part without permission.

Nevertheless, on January 12, 2012, the defendant submitted the above complaint to the police officer who is not able to know his name in the public service center of the Ansan Police Station.

As such, the Defendant committed a false accusation against C with the aim of having C punished criminal punishment.

B. The lower court’s judgment, based on the evidence consistent with the above facts charged, is difficult to believe the above statements, taking into account the following circumstances acknowledged by the record, and the remainder of the evidence submitted by the prosecutor alone, is false.