[1] The meaning of "false fact" in the crime of false accusation

[2] In a case where a person who participated as an accomplice in the other party's crime files a complaint against the other party by hiding it, whether the crime of false accusation is established (negative)

[3] In a case where the defendant conspireds with Gap and Eul to acquire loans from the bank, and filed a complaint with Gap to punish the above loans by deceiving the defendant, and thereby the prosecution against Gap was instituted as a crime of fraud, the case holding that the court below erred in the misapprehension of legal principles in holding that although there is room to view the above complaint as an accusation of false facts subject to criminal punishment, etc. independently in relation to Gap, it is not a crime of false accusation on the ground that the defendant was an accomplice

[1] Article 156 of the Criminal Act / [2] Article 156 of the Criminal Act / [3] Articles 156 and 347 (1) of the Criminal Act

[1] [2] Supreme Court Decision 2008Do3754 Decided August 21, 2008 (Gong2008Ha, 1316) / [1] Supreme Court Decision 96Do771 Decided May 31, 1996 (Gong1996Ha, 2093) Supreme Court Decision 2006Do2963 Decided September 28, 2006

Defendant

Prosecutor and Defendant

Suwon District Court Decision 2008No5612 Decided January 20, 2009

The part of the judgment of the court below against the defendant is reversed, and that part of the case is remanded to the Suwon District Court Panel Division.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

According to the evidence of employment, the court below found the defendant guilty of the fraud and perjury among the facts charged in this case on the ground that the defendant committed the crime of fraud in collusion with the co-defendant 1 and 3 of the court below and the facts that the defendant committed the crime of perjury in the judgment. In light of the records, the court below is just and there is no violation of the rules of evidence as alleged in the grounds of appeal

2. As to the Prosecutor’s Grounds of Appeal

In the crime of false accusation, the reported facts must have the risk of having the other party subject to criminal punishment or disciplinary action. Although some of the reported facts contain any content contrary to objective truth, if it is not independently subject to criminal punishment, etc., but merely exaggerations the circumstances of reported facts, or if it is related to the contents that do not directly affect the gender of the other party by considering the existence of a false fact as a whole (see Supreme Court Decision 2006Do2963, Sept. 28, 2006, etc.). In addition, in a case where the defendant himself/herself, who participated as an accomplice of the other party, concealed his/her part of the other party's crime and accused only the other party, this is consistent with the truth as to the part of the other party's crime, and even if the defendant concealed his/her participation in the other party's crime, it does not constitute a crime of false accusation, and it does not directly affect the other party's establishment by considering it as an independent relation with the other party, and it does not directly affect the other party's establishment.

The court below reversed the judgment of the court of first instance that found Defendant guilty of the facts charged of this case on the ground that there is no evidence to acknowledge the risk of criminal punishment on the part of the co-defendant 1 of the court below's co-defendant 1 of the court below's co-defendant 1 of the court below's co-defendant 1 of the court below's co-defendant 1 of the crime of fraud, in case where Defendant himself concealed his participation as co-defendant 1 of the court below's co-defendant 1 of the court below's co-defendant 1 of the crime of fraud and only the co-defendant 1 of the court below's co-defendant 1 of the court below's complaint of this case, and it is not subject to criminal punishment, etc. independently in relation to the co-defendant 1 of the court below's co-defendant 1 of the court below's co-defendant 1 of the court below's co-defendant 1 of the court below's crime of fraud.

However, according to the records, the defendant in collusion with the defendant 1 and 3 of the court below's co-defendants 15 million won of the loan of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the defendant who is the co-defendants 1,5 million won after obtaining the loan of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the defendant, which is not aware of the fact, got back the deposit of the deposit of the defendant to the defendant who acquired the deposit of the deposit of the deposit of the deposit of the money without paying the deposit to the agricultural cooperative, and in fact, the defendant was punished by acquiring the deposit of the deposit of the deposit of the deposit of the deposit of the deposit without paying the deposit of the deposit of the deposit of the deposit of the money. In fact, the defendant's complaint of the court below, who is the defendant, as the co-defendant 1, as the victim, may be prosecuted

Nevertheless, the court below's decision that the defendant did not constitute a crime of false accusation without sufficiently examining the details and contents of the complaint of this case is erroneous in the misapprehension of legal principles as to the crime of false accusation, and such illegality has influenced the judgment. The ground of appeal pointing this out has merit.

3. Conclusion

Therefore, the part of the judgment of the court below against the defendant should be reversed, and the above crime is concurrent with the remaining guilty part of the defendant under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed on the whole. Accordingly, the part of the judgment of the court below against the defendant shall be reversed and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cha Han-sung (Presiding Justice)