The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In addition to the part of the documents received by the defendant, "D has dealt with the agenda that D would receive the representative activity expenses with the management expenses of residents by the representative of the Dong," not false facts, but ② The defendant did not recognize that the above part was false, and ③ The sending of the above documents was merely for the purpose of having D leave the representative, and it did not aim to have D receive disadvantage, such as disciplinary action.

Therefore, the lower court found the Defendant guilty on the ground that the Defendant did not have any intention of false accusation. In so doing, the lower court erred by misapprehending the legal doctrine on the crime of false accusation.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The crime of false accusation against a mistake of facts or misapprehension of legal principles is established when another person reports a false fact to a public office or a public official for the purpose of having a criminal punishment or disciplinary action against him/her. Here, a false report refers to a conclusive or dolusent recognition and report that the reported fact goes against objective facts. Thus, it does not require conviction that the reported fact is false upon reporting a fact that is not true. Even if a false fact is included in part of a reported fact, it does not constitute a crime of false accusation if the false part is not an important part that affects the sexuality of a crime but merely exaggeration the reported fact (see, e.g., Supreme Court Decision 2002Do5939, Jan. 24, 2003). However, it does not constitute a crime of false accusation if the part of a false fact is likely to mislead the state's trial action or infringe the legal stability of an individual who is not subject to punishment unfairly.