The defendant shall be innocent.

1. Around September 11, 2009, the summary of the facts charged is that C, his/her wife, obtained the above D from D, an employee of the sales agency of the Seoul Dong District Prosecutors' Office, under the pretext of the sale price of E-house from D, an employee of the sales agency, and filed a complaint to punish the D as fraud. However, he/she received a non-prosecution disposition on February 19, 2010, but the head of the said housing association filed a false complaint with the F, who received the above money directly, to receive the return of the said money.

On November 23, 2010, the Defendant, as a complainant, had H, at the office of the Seocho-gu Seoul Metropolitan Government G G G G G G G G administrative secretary, prepare a complaint against F in the future of the Suyang branch office of the Suwon District Prosecutors' Office by using a computer.

A written complaint was known that “The complainant paid KRW 200 million to F, the president of the E Housing Association on June 23, 2005, but the F would not sell the above house, and thus punished as a crime of occupational breach of trust.” The Defendant paid the above amount to D, who is the complainant, to F, and that D personally embezzled without delivering it to F.

Nevertheless, the defendant received the above complaint for the purpose of having F criminal punishment in the public service center of the Suyang-dong, 1583, the Dongyang-dong, the Dongyang-dong, the Dongyang-dong, for the purpose of having F receive criminal punishment.

2. Determination

A. The requirement that the reported fact goes against objective truth is established when a person reports false facts with the intention of having another person subject to criminal punishment or disciplinary action against him/her. Thus, the requirement that the reported fact is false facts contrary to objective facts should be proven actively. The establishment of the crime of false accusation is not recognized solely with the passive proof that the authenticity of the reported fact cannot be recognized. The establishment of the reported fact is false facts contrary to objective truth, and Supreme Court Decision 204Da1548, Jan. 27, 2004.