In the establishment of a crime of false accusation, the part of conviction that the reported fact is false (negative)

In the establishment of an offense of false accusation, it is sufficient to report the fact that it is true with the intention of having another person receive criminal or disciplinary action, and it is not necessary to have the reporter confirm that the reported fact is false.

Article 156 of the Criminal Act

Supreme Court Decision 82Do303 delivered on March 24, 1981

1, 2

Defendant 1 and Prosecutor (as to all the defendants)

Attorney Park Chang-chul, Attorneys Seo-soo, Counsel for the defendant

Seoul Criminal Court Decision 80No8422 delivered on July 16, 1981

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Prosecutor’s Appeal:

The judgment of the court of first instance that acquitted Defendants 1 and 2 of the facts of fraud on the grounds that there is no evidence to support the judgment of the court of first instance that acquitted Defendants 1 and 2 of this part of the facts charged on the grounds that there is no intention of deceiving or deceiving them, etc.

2. As to Defendant 1’s appeal

In the establishment of a crime without accusation, it is sufficient to report the fact that there is no conviction that the reporting person is true for the purpose of having another person receive criminal or disciplinary action, and it does not require conviction that the reporting person is false (see, e.g., Supreme Court Decision 80Do303, Mar. 24, 1981). In light of records, the defendant can be aware that he submits to a public office a written complaint stating the false fact that the acquisition by transfer was made by altering the official document as stated in the judgment of the first instance without conviction that the defendant was true, and the measures of the first instance court that recognized this fact and the measures of the defendant were committed for the crime without accusation are just, and it cannot be said that there is a misapprehension of the legal principles as to the crime without accusation or for the violation of the rules of evidence, and thus

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)