The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The facts charged by the Defendant, upon the F’s request on June 19, 2013, concluded a joint and several guarantee contract for F’s loan obligations. However, F failed to repay its loan obligations, and thereby, F was urged to repay its guarantee obligations. On November 12, 2014, at the general public service offices of the high-class branch offices located in the Dong-gu Dong-gu, Seoyang-gu, Seoyang-gu, Dong-gu, Seoul, and “F borrowed KRW 5 million from the credit credit around June 19, 2013,” and forged and used the joint and several guarantee contract without the Defendant’s permission.

“Preparation and submission of a false statement of complaint.”

In addition, on January 6, 2015, the Defendant: “F loaned KRW 3 million at the Sejong Savings Bank around June 19, 2013, and forged and exercised a joint and several surety contract without the Defendant’s permission.

“Preparation and submission of a false statement of complaint.”

As a result, the defendant committed a second time with the aim of having F take criminal punishment.

2. Determination

A. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and thus, the requirement that the reported fact goes against the objective fact requires positive proof. The establishment of a crime of false accusation is not acknowledged by readily concluding that the reported fact goes against the objective truth solely with the passive proof that the authenticity of the reported fact cannot be recognized (see Supreme Court Decision 2005Do4642, May 25, 2006). However, if there is no room for doubt that the reported fact is false, it shall be deemed that there is no proof if it is insufficient to readily conclude that it is false (see Supreme Court Decision 85Do1890, Nov. 12, 1985, etc.). In addition, the prosecutor bears the burden of proving the crime charged in a criminal trial, and the recognition of conviction is sufficient to have a judge make a reasonable doubt.