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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal, Defendant C (hereinafter “C”) did not complete the work for elevator and remodeling of the Daegu-gu Seoul-gu Office Equipment and Remodelling (i.e., construction period: January 7, 2013 to March 9, 2013) that the Defendant received from the Defendant even until the Defendant filed a complaint against C on May 14, 2013, and thus, it cannot be deemed that the Defendant filed a false complaint against C.
Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. On May 13, 2013, the Defendant drafted a false complaint against C with a view to having C, the Defendant, who is the Defendant, receive criminal punishment.
On January 7, 2013, when the complainant did not have the intention or ability to perform the elevator construction work, C, which is the defendant's complaint, concluded a contract with A to perform the elevator construction and remodeling work for the 75,00,000,000,000 won, which is the complainant, and acquired by fraud the amount equivalent to the above amount due to failure to complete the construction work, such as failure to operate the elevator even if it was paid in full by April 17, 2013, even if it was paid in full the construction cost of 85,00,000 won.
However, in fact, the Defendant did not pay C part of the construction cost for the above elevator work, and the above elevator construction cost of KRW 20 million claimed by the Defendant was not the construction cost for the above elevator but the construction cost for another construction site for the Daegu-gu E Corporation, Daegu-gu, which is another construction site of the Defendant. Thus, the above written complaint was not true.
Nevertheless, the defendant is not obliged to pay the construction cost on May 14, 2013, for the reason that the elevator does not work normally. In order to ensure that the defendant is not obliged to pay the construction cost properly, the public service center of the Seodaemun Police Station, which is located in 15-gil 259-gil, Seogu, Daegu.