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(영문) 광주지방법원 2014.04.24 2013고단5110
무고
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

Around May 9, 2013, the Defendant: (a) voluntarily registered the Defendant as an instructor E with the intent to obtain criminal punishment by having D from the Gwangju Northern Police Station located in Gwangju Northern-dong 784-5; (b) on February 1, 2012, the Defendant submitted a false complaint to the police officer, stating that “Notwithstanding the Defendant’s withdrawal from E (F school before alteration) operated by D on February 1, 2012, D arbitrarily registered the Defendant as an instructor without the Defendant’s consent; and (c) applied for vocational training course (the process of construction of the Korea-style Home Stand home package (which is a training course for national key and strategic industry occupational categories; the indoor type of study course of study for the Korean key and strategic industry; the indoor type of study for the Korean-style EM), and made a statement to supplement the above details at the Gwangju Northern Police Station on May 13, 2013.”

However, in 2012, the defendant, who is the actual operator of D and E, agreed to register the defendant as an instructor when he applies for a vocational training course to the Ministry of Employment and Labor in E in 2012.

Nevertheless, the Defendant submitted a false complaint and rejected D.

Judgment

1. The key issue of the instant case is whether “E” obtained prior consent from the Defendant in relation to registering the Defendant as an instructor when filing an application for approval of a vocational training course with the Ministry of Employment and Labor in 2012.

2. The crime of false accusation is established when another person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon him/her. Here, the term “a false report” refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and the contents of a false report are not false facts not based on any false facts, but rather exaggeration the circumstances based on such facts.

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