무고
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that in order for the defendant to be found guilty of false accusation, it is necessary to clearly prove that the statement of the court below's rejection of transfer/acquisition performance (hereinafter "written rejection of transfer/performance of transfer/acquisition of this case") was not forged. The F's statement that directly prepared a written statement of transfer/acquisition of this case is not consistent, and its credibility is not consistent with the J's statement, and there is a high possibility that the written statement of transfer/acquisition of this case was forged.
Even though the letter of transfer and acquisition of this case was not forged, the defendant had no intention of accusation against the defendant since he submitted a letter of transfer and performance of this case, which was first viewed during civil procedure, and filed a complaint.
In addition, the Defendant’s complaint that the Defendant was in breach of trust by Defendant D was changed to H Co., Ltd. (hereinafter “H”) in the course of securing the right to the E Co., Ltd. (hereinafter “E”), and only filed a complaint against Defendant D, the representative director of H, and thus, the Defendant did not have any intention of accusation against the Defendant.
Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The following circumstances, which are acknowledged by the evidence duly adopted and examined by the court below and the court below, as to whether the letter of transfer/acquisition performance in this case was clearly proven that it was not forged, and whether the defendant had no intention of accusation, are the following: ① The contents of F’s statement from March 9, 2006 to the date of delivery of the document, such as a written confirmation of transfer, a written statement of transfer performance, and a written confirmation, are not consistent. However, F’s statement is merely F’s content.