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The defendant shall be innocent.
Reasons
The summary of the facts charged is that the Defendant, on May 15, 2015, sold to C at credit an amount equivalent to KRW 2 million at the end of each half year, received a certificate of loan equivalent to the same amount and a document evidencing the transfer of the vehicle and the storage of the balance of the vehicle for the purpose of securing the payment of the purchase price. After July 24, 2015, the Defendant had 718,500 won as the outstanding amount of money of C on July 24, 2015, and there was no fact that he kept both horses to C separately on June 2015, in addition to the total amount sold.
Nevertheless, the Defendant: (a) made a false statement to the public service center of the police station having jurisdiction over the investigation and E team office at the above police station on October 2, 2015; (b) made a false statement to the effect that “The Defendant embezzled the amount of KRW 2,00,000,000,000,000 at the Defendant’s residence located in D at the time of residence; and (c) made a false statement to the public service center of the police station having jurisdiction over the investigation and E team office at the police station at the above police station at the time of June 2, 2015; and (d) made a false statement to the F of the police officer in charge at the time of the initial construction of the house at the time of June 2, 2015 at the request of C on the ground that there was no place to keep both the house and the house at the time of the new construction of the house at C at the time of the request of C to the effect that “The latter C would be punished
In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.
Judgment
1. In a criminal trial of relevant legal principles, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to reach such a degree that it would lead to such conviction, the determination should be based on the defendant’s benefit even if there is a suspicion of guilt
On the other hand, 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 reported fact is false in violation of the objective truth.