However, the facts are that the defendant allowed C to withdraw and use the cash card with the cash card, and C did not steals the cash card of the defendant or transfer the money without the consent of the defendant.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

2. Determination

A. 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, and 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 contrary to the objective truth, and the establishment of the crime of false accusation cannot be acknowledged.

(See Supreme Court Decision 2005Do4642 Decided May 25, 2006, etc.). B.

In light of the above legal principles, if the documents or documents on which the defendant's statement was recorded or recorded in the prosecutor's investigation process are recorded in the investigation process, among the evidence submitted by the prosecutor, each police interrogation protocol against the defendant among the evidence submitted by the prosecutor, and the second police interrogation protocol against C, such written statement, written statement, written statement, and written statement are deemed the protocol of examination of suspect even if it was done in the investigation process. Thus, if it is denied in the court room, it is not admissible (see, e.g., Supreme Court Decisions 2010Do1755, May 27, 2010; 82Do385, Jul. 26, 1983); and Article 312 (3) of the Criminal Procedure Act.