무고
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the legal principles as to the defendant's innocence, even though the defendant knew that he/she received the guidance, and it can be found that he/she made a false accusation with the intention to receive the borrowed money.
2. Determination:
A. On December 2013, the Defendant filed a complaint with the intent to have D receive criminal punishment from the Defendant’s house located in the Seocho-si, Sejong, on the ground that “D joined the system operated by E through D. However, on October 26, 2010, D received KRW 10 million from the guidance week beginning on October 26, 2009, and did not deliver it to the principal even if D received KRW 10,000,000 from the guidance week, which began on December 12, 2011, and took place without delivering it to the principal.”
However, the Defendant received the fraternity from D on August 26, 2010, KRW 108 million, and KRW 17 million on May 14, 2012.
Nevertheless, on December 6, 2013, the Defendant submitted the above written complaint to the staff-in-charge who is unable to know the name of the Daejeon District Public Prosecutor's Office located in Seo-gu, Seo-gu, Daejeon District Public Prosecutor's Office, 78-gil 15-ro, 78.
B. According to the evidence duly admitted by the lower court, the lower court acknowledged the fact that the Defendant received the fraternity from D, and there is a doubt that the Defendant would have known of the fact of paying the fraternity, but on the other hand, the Defendant paid the fraternity by KRW 600,000 per month after the receipt of the fraternity, and the Defendant paid the fraternity by KRW 500,000 per month, respectively, on September 27, 2010 and October 26, 2010; ② the Defendant received the fraternity from D and E at the time and at the time, without clearly responding to how D and E were given, but, according to the court statement from D, it stated to the effect that: (i) the Defendant would make a payment by KRW 500,00 per month, respectively; and (ii) the Defendant would make a payment by using D and E without clearly responding to when and how D and E were given to D and E at the time (the 19th, 23th, and 30th of the investigation record).