The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant, around November 20, 2009, transferred from D 1,500,000,000 won of the golf F point to D with net-si E. At the time, D did not call that the Defendant would obtain approval from D’s head office for the above transfer or acquisition.

Nevertheless, for the purpose of having D criminal punishment, the Defendant submitted a complaint to the Net Police Station around March 2010, stating that “D will transfer D’s golf F point to the Defendant on November 20, 2009 and obtain the approval of the LG head office for the transfer contract while deceiving the Defendant to obtain the approval of the transfer contract at KRW 1500,000,000,000,000,000,000,000,000,000,0000,0000,000,000,000

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. As such, the requirement that the reported fact goes against the objective truth requires positive proof, and the establishment of the crime of false accusation is not recognized solely by the passive proof that the authenticity of the reported fact cannot be recognized.

In addition, in the crime of false accusation, a report of false facts refers to a conclusive or dolusent recognition that the reported fact goes against the objective facts, and even if the reported fact is false against the objective facts, if there is no intention to make such false accusation unless there is an awareness of the falsity.

Therefore, even if some contents are included in the contents against the objective truth, if it is merely an exaggeration of the circumstances of the reported facts, the crime of false accusation is not established. Supreme Court Decisions 98Do1949 Decided September 8, 1998; 2008Do7451 Decided November 11, 2010.