The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant’s appeal (definite) filed a complaint against D is not subject to criminal liability against D, but for the purpose of asserting that E and the Defendant conspired to commit a crime of fraud with D and the Defendant to the effect that “D and the Defendant committed a crime of fraud,” and thus there was no intention in the crime of false accusation.

Nevertheless, the court below which found the defendant guilty has erred in misunderstanding of facts.

B. The Prosecutor’s appeal (e.g., a fine of 500,000 won) declared by the lower court is deemed to be too uneasible and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below, it is recognized that the defendant and D have prepared a complaint stating that "D and the defendant purchased various lots of land, such as F, etc. from E, Nam-si, Nam-si, and develop such land as a site for a house, and divide profits accrued therefrom. D bears the purchase price, and the defendant should obtain permission for change of use from an administrative agency, and where D obtains a loan from another person by offering the land as security and taking a loan from another person, the defendant will become the debtor of the above loan obligation." Nevertheless, the defendant prepared a complaint stating that "D would punish the debtor without permission of the defendant, and submit it to the government public prosecutor's office of the government branch of the Republic of Korea," and there is sufficient awareness that other persons would be subject to criminal punishment due to the false report, the purpose of receiving criminal punishment in the crime of false accusation is sufficient and there is no desire to create the result.

As long as the contents of the complaint contain criminal facts of the other party, the purpose of the complaint shall be punished by the other party.