The defendant shall be innocent.

1. The summary of the facts charged in this case was as follows: (a) upon introduction by C, the Defendant reversed the above construction contract and affixed it on a written waiver of performance that it cannot be claimed to the owner on the ground that there was any dispute arising in connection with the payment of the construction cost, which was incurred in the process of performing construction works for multi-household housing in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

Nevertheless, around August 3, 2014, the Defendant made a false complaint stating that “C has forged a letter of waiver of performance under A around December 24, 2013, a letter of waiver of performance under its name, and exercised it as if D knew of such forgery on the same day, as if D had actually made a genuine statement of forgery,” at the public prosecutor’s office of the Seoul Northern District Public Prosecutor’s office located in the Dobong-gu Seoul Northern District Public Prosecutor’s office located in Dobong-dong 626-20, Dobong-gu, Dobong-gu, Seoul District Public Prosecutor’s office of the Seoul Northern District Public Prosecutor’s Office, which is located in the 626-20, and submitted the above letter of complaint to the officials in charge of false name.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

2. Determination

A. The Defendant alleged that C forged the letter of waiver of the implementation of the instant case using the one affixed to two blanks at the time of the contract at the first time. However, the Defendant asserted that C arbitrarily affixed the seal attached to C to C and forged it. However, the Defendant asserted that C has filed a complaint since it was consistent with the police since then up to this court, and that C has not forged the letter of waiver of the performance.

B. The crime of false accusation is established when the reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and the requirement that the reported fact goes against the objective fact is positive.