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

1. On January 2015, the Defendant drafted a false complaint against D at an early and irregular place.

The complaint was the content that the defendant D, on November 4, 2010, used the medical device sales report under the name of the complainant."

However, on November 4, 2010, the Defendant visited the prime viewing together with D around November 4, 2010, and signed and sealed the report on the medical device sales business by D, the Defendant submitted it to the prime viewing health and health business after signing and sealing the corporate seal impression of E Co., Ltd. on the above report. There was no fact that D forged and used the report.

Nevertheless, on January 6, 2015, the defendant had the public service offices of the Chuncheon District Public Prosecutor's Office submit and receive the above complaint to the officials in charge of civil affairs at the public service offices of the original branch office of the Chuncheon District Public Prosecutor's Office located in 139.

Accordingly, the defendant had D without the purpose of having D receive 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 the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of the crime of false accusation cannot be acknowledged (Supreme Court Decision 2005Do4642 Decided May 25, 2006).

B. First, we examine the credibility of D’s statements that seem to correspond to the facts charged.

1) On February 3, 2015, D With respect to a report on the sales of medical devices under the name of the Defendant (hereinafter “instant report”) in the police investigation conducted on February 3, 2015, D, “The Defendant brought the F office abiopt to create experience room.”

At the same time, the report was prepared and submitted by itself, and later.