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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) does not constitute a false fact that the Defendant is true due to fabrication of private documents, etc., since the Defendant did not prepare a report of divorce by agreement with B.
Therefore, the defendant is not guilty of false accusation.
2. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below, the defendant can sufficiently recognize the false facts with the aim of having B obtain criminal punishment as stated in the facts charged in this case.
Therefore, the defendant's assertion is not accepted.
① On January 20, 2017, B, from the investigative agency to the lower court’s court, drafted a divorce report with the Defendant at the Gwangju Family Court, and submitted it to the three-dimensional C Office, consistent with the purport of “B”.
② At the time of appearance of B in the Gwangju Family Court on January 20, 2017, D, from the investigative agency to the court of original trial, consistently stated that “B and B, upon completion of the trial, made two copies of the written report of divorce and brought one copy of the written report of divorce in the court corridor. A himself/herself entered his/her name and resident registration number, and signed the said statement.” The said statement is consistent with B’s statement.
③ At the time of the complaint, the Defendant asserted to the effect that “B entered into a divorce agreement with B on the condition of receiving KRW 3 million from B, but B did not pay KRW 3 million, and at his own discretion, forged a written report of divorce under the name of the Defendant and submitted it to C Office in Sejong City on January 20, 2017.” However, upon the confirmation that B paid KRW 3 million to the Defendant through D on October 12, 2016, the Defendant received KRW 3 million prior to the reversal of the previous statement and received additional money after divorce.”
It is difficult to believe that a defendant's statement is not consistent, such as making a false statement.
(4) The defendant and B shall be on October 12, 2016.