The defendant shall be innocent.

1. On January 7, 2016, the Defendant drafted a false complaint against D with a view to having D obtain criminal punishment from a member of the Seocheon-si, Chuncheon.

The accusation statement states, "The defendant tenant obtained a loan of 30 million won from the Lonupupupupupupup on June 5, 2012 and embezzled 25 million won as he embezzled." The facts are as follows: D and E have not arbitrarily used the above money to transfer 11,770,000 won to the defendant's wife F account in accordance with the defendant's direction after obtaining a loan of the above money, G to 1,080,000 won to G to the person related to the construction, 10,000 won to H, 10,000,000 won to administrative private person, and 2,150,000 won to I.

Nevertheless, on January 7, 2016, the defendant submitted the above complaint to the public service center of the Chuncheon Police Station located in the city of Chuncheon, and to the police officer whose name is unknown.

Accordingly, the defendant reported false facts to public offices and made a false accusation.

2. Defendant's assertion;

A. The contents of the Defendant’s complaint fall under a case in which the facts themselves do not constitute a criminal offense, and thus, the Defendant cannot be held liable for the crime of false accusation.

B. The Defendant caused a mistake on the part of the victim, thereby filing a complaint, and immediately made a correction statement with the knowledge that it was an error, and thus, the Defendant did not have any intention to commit an offense.

3. For the purpose of having another person subject to criminal punishment, the reported fact that reported “a false fact” in order to constitute a crime without criminal punishment should be the basis for criminal punishment. Thus, even if a false fact was reported, if the fact itself does not constitute a criminal offense, then the crime of false accusation is not established if it does not constitute a criminal offense (see Supreme Court Decision 2006Do558, Apr. 13, 2007). According to the records, the prosecutor calculated the Defendant’s accusation as stated in the facts charged by embezzlement, and then decided the Defendant’s accusation as stated in the facts charged, and June 29, 2016.