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The defendant shall be innocent.
Reasons
1. On October 2014, the Defendant prepared a false complaint against D with the intent to have D criminal punishment imposed upon D at the Defendant’s house located in Ansan-gu, Mayang-si, Mayang-si.
The gist of the complaint is that "The defendant defendant D shall invite the complainant E who is a workplace on August 25, 2014, to listen to the project explanation session on the intermediation of overseas travel, and shall issue a letter of accession. The complainant clearly expresses his/her intention that he/she will pay a full subscription and a full subscription fee when he/she travels abroad in 2015, but he/she illegally paid KRW 376,606 by using the card information of the complainant without the complainant's permission on September 10, 2014."
However, around August 25, 2014, the Defendant explained that USD 360 was paid out of subscription money in order to join E member cooperatives from D, and around 19:21 of that day, the Defendant notified D of its credit card number and validity period by text messages and allowed D to settle the account of USD 360.
Nevertheless, on October 29, 2014, the defendant submitted a written complaint to the police officer who is unable to know his name at the public service center of the military police station located in the Si/Gun/Gu party branch office in the Si/Gun/Gu party branch office, and rejected D.
2. Determination
A. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, a false report refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and even if the reported facts are false contrary to objective facts, there is no intention to make a false accusation if there is no awareness of such falsity.
It is a crime of false accusation if the contents of the complaint are not false facts, but rather are somewhat exaggerated based on facts.