2. Determination

A. The crime of false accusation is established in a case where the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary action. The report of false accusation refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective fact. Even if the reported fact is false contrary to the objective fact, if there is no awareness of the falsity, it shall not be intentional.

(See Supreme Court Decision 95Do231 delivered on December 5, 1995). B.

In full view of the facts and circumstances found by the evidence duly admitted and investigated, the lower court determined that, even if the Defendant did not “B’s BMW vehicle as security and lending KRW 14 million to B” as stated in the written complaint, it is nothing more than an exaggeration or erroneous statement about the actual transaction details of the Defendant, and it is difficult to deem that the Defendant’s filing of a complaint and statement as above constitutes a false accusation and false statement for the purpose of having B punished criminal punishment, and that the evidence submitted by the prosecutor alone was insufficient to recognize the facts charged.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just except for adding the following judgments at the appellate court, and there is no error of law by misunderstanding facts or by misunderstanding legal principles as alleged by the prosecutor of the court below, which affected the conclusion

The prosecutor should admit the admissibility of the police as well as the interrogation protocol of the prosecution as evidence in accordance with Article 314 of the Criminal Procedure Act.