The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) filed a complaint with C on July 26, 2016, but it became known that C was a criminal offender only when C was aware of the withdrawal of money from the head of the Tong on September 7, 2016.

Therefore, since the defendant filed a complaint before 6 months elapse from the date on which she became aware of the offender, it does not constitute a case where it is evident that she could not institute a prosecution after the lapse of the period for filing a complaint.

Since it is unclear that the Defendant became aware of the offender, it does not constitute a case where there is no risk of excessive performance of duties of the State agency based on the content of report itself.

Therefore, the judgment of the court below which acquitted the defendant on the ground that there is an error of law by mistake.

2. In light of the legal principles, facts, and circumstances of the judgment of the court below, the court below determined the following and sentenced the defendant not guilty.

On August 2013, when the Defendant came to know that the account was suspended, the Defendant came to know of the fact that the money was entirely withdrawn from the account in the name C at the latest. On July 26, 2016, the Defendant submitted the instant complaint on July 26, 2016, even more than six months thereafter.

C It shall not be deemed as a force majeure event for which a defendant was unable to file a complaint within the filing period, and there is no reason to recognize it otherwise.

Therefore, even if the defendant filed a false complaint against Skyman C, the defendant filed a false complaint.

Even if the facts are subject to victim's complaint, and there is no risk that the public prosecution could not be instituted after the lapse of the filing period of the complaint, and thus, the State agency's duties shall not be exceeded.

In addition to the following facts and circumstances recognized by the records of this case, the judgment of the court below is just and acceptable, and there is no error in the misapprehension of the facts pointed out by the prosecutor.

Therefore, prosecutor's argument is without merit.