A. In a case where several criminal facts have been filed against one person as a complaint of non-existence of an accusation, a simple accusation is established. Thus, only if the whole of the facts on which the defendant filed a complaint are proved to have been false, an accusation is established.

However, among the facts that the defendant filed a complaint, there is no accusation since the forged part of the Industrial Bank of Korea's deposit transaction application is not proved to be false.

B. The defendant, who has no criminal intent, knew of the fact that only one additional passbook was made by the Industrial Bank of Korea, in addition to the one that the passbook was received by him, filed a complaint against C and D, and when he received a supplementary investigation by the complainant, C and D stated that the illegality of the one bank passbook under the name of the defendant was also examined by the investigative agency as to the part of the defendant's arbitrary use of the passbook, and it was confirmed by C and D.

In addition, the defendant, upon being examined by the police, reversed his statement and recognized the fact that the defendant prepared an application for deposit transaction with the Japanese bank.

Therefore, even if the suspicion of forging private document C, etc. was not recognized as insufficient evidence, it cannot be readily concluded that the defendant has a criminal intention with no intention to commit a crime in full view of these circumstances.

Nevertheless, the court below erred by misapprehending the legal principles and misunderstanding the legal principles on the application form for the deposit transaction with the Japanese bank which reversed the defendant's statement.

2. Determination on the grounds for appeal

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below and the court below.

(1) The accusation submitted by the Defendant to the Daegu Police Station around May 24, 201 shall have worked as a designer of the F Corporation Insurance Agency from May 18, 201 to 2006 to 2005.

C and D have forged a private document without consent of the principal.

It is written to the effect that it is "...."

(2) The defendant.