A. In fact, at the time of the acquisition by transfer of the instant business from the F Co., Ltd. (hereinafter “F”) representative E by the F Co., Ltd., the Defendant did not have any knowledge about the existence of K Co., Ltd. (hereinafter “K”) or about the legal disputes between K and E, and K and F did not know that they were the same companies. In light of the victim’s residence, occupation, etc., the Defendant had a large amount of claim against F.

I could not think of it.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of mistake of facts, the crime of false accusation is established upon reporting the fact that there is no conviction of the truth for the purpose of having another person file a criminal or disciplinary action. As such, there is no need for the reporting person to be convicted that the reported fact is false (Supreme Court Decision 2012Do4531 Decided December 24, 2014). According to the evidence duly adopted and examined by the lower court, D corporation, the defendant of which is the representative, filed a lawsuit against the victim who occupied the apartment house F on the instant real estate under the name of the Sincheon District Court 2013Da1380 Decided 1380 Decided 1, 2013. In the instant case, the victim, in writing prepared on July 2, 2014, explained the circumstance that the victim had a claim against K in detail, the victim was forced to pay the payment order to K on July 7, 2014, and the Defendant, as the victim had been forced to possess the instant apartment house under the name of the victim and the auction.