beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is examined only to the extent of supplement in case of supplement in the grounds for appeal filed on January 18, 2017, which was not timely filed.
Although the Defendant had already filed a complaint against E in fraud and received a disposition of non-guilty suspicion (insufficient evidence) from the support of the Office of Government-Funded District Public Prosecutor's Office on August 22, 2014, the Defendant subsequently found that the Defendant stated in the written application for disposition of the amount of interference with the business submitted by the Defendant to the Defendant to the other party that “only when the applicant actually runs his/her business and sells it at a normal price (1,85,000 won per unit), he/she may pay a fee of KRW 100,00 per unit only when he/she actually operates his/her business and actually sells it at a normal price (1,85,000 won per unit).” As such, the Defendant had false facts
I think that E is only a second accusation, so the defendant did not have intention to commit a false accusation.
2. In the crime of false accusation, even if the criminal intent does not necessarily have a conclusive intention, the crime of false accusation is established by reporting the fact that the reporting person is not true, and it does not necessarily require conviction that the reported fact is false, and the purpose of the accusation does not require punishment for the other party, and does not change the cost of the accusation.
On the other hand, it cannot be deemed that there is no intent to commit any crime of false accusation (see, e.g., Supreme Court Decisions 2007Do1423, Apr. 26, 2007; 2009Do774, Mar. 12, 2009). In light of the above legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the Defendant prepared a sales support agreement between E and E on June 30, 2013, with the sales support fees of KRW 12,00,000,000 for the products supplied at the Busan annual system, Busan Jin-gu, and Kimhae-do.