Report of a fact that is not true and not true and the nature of the crime;

In the establishment of a crime of false accusation, it is sufficient to report the fact that there is no conviction that the reporting person is true for the purpose of having another person receive criminal or disciplinary action, and it is not necessary to have the reporting person confirmed that the reported

Article 156 of the Criminal Act

Supreme Court Decision 85Do220 Decided April 9, 1985

Defendant

Defendant

Jeonju District Court Decision 84No687,85No249,86No212 (Consolidated) Decided April 26, 1986

The appeal is dismissed.

The grounds of appeal are examined.

1. In the establishment of the crime of false accusation, it is sufficient to report the fact that there is no conviction that the reporting person is true for the purpose of having another person be subject to criminal or disciplinary action, and it is not necessary to have the reporting person confirmed that the reported fact is false. However, if the defendant submits a false accusation stating the false fact that he/she has obtained 200,000 won by filing a lawsuit with a court to obtain double punishment for the purpose of having the victim obtain double loans, the crime of false accusation is established, even though he/she is not aware of the details of monetary transactions with the victim's wife and has been liquidated without knowing that his/her obligation was liquidated.

2. In full view of the evidence adopted by the court below and the evidence maintained by the court of first instance, it is sufficient to recognize the criminal facts at the time of original adjudication, and there is no error in the court below’s decision that there is no misconception of the facts in violation of the rules of evidence,

All arguments are groundless.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Yoon-tae (Presiding Justice)