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(영문) 대전지방법원 2017.08.11 2016고단3714

무고

Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On April 2016, the Defendant drafted a written complaint against E and F with the aim of having E and F receive criminal punishment from the law firm B office located in Seocho-gu Seoul, Seocho-gu, Seoul.

Even though E and F received KRW 14 million from the Defendant as the down payment and intermediate payment, it was done as if he did not receive the completion money, and by deceiving the court by means of the removal of trees and the filing of a lawsuit for land delivery, and thereby, attempted to punish the Defendant’s property by deceiving the court,” and the fact that the Defendant did not deliver money to E and F as the down payment and intermediate payment.

Nevertheless, on April 28, 2016, the Defendant submitted the above complaint to the police officer who is unable to know his name in the public service center of the Sejong Police Station located in the office of the Eup/Myeon Office in the Sejong Si/Eup/Myeon Office in the Seoul Police Station, and submitted the complaint to the police officer, thereby making the E and F.

2. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition. The requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact that goes against the objective truth, and the establishment of the crime of false accusation is not recognized (see Supreme Court Decision 96Do599, Feb. 24, 1998). According to the entries in the documents submitted by the complainant, such as a celebry, a certified copy of the cadastral map, and a witness’s witness’s partial testimony, following the entry of the documents submitted by the complainant, such as the entry into the documents submitted by the plaintiff, and the witness’s partial testimony, on June 26, 2012, in the column of receipt of the down payment of the purchase and sale contract amount of KRW 4 million,000,000,0000,000,000 won adjacent to the intermediate payment, the evidence alone states that “the defendant” can be admitted to 20.