The defendant shall be innocent.

1. The Defendant’s summary of the facts charged from April 2015 to April 21, 2015, using a computer for the purpose of having D obtain criminal punishment at the office of B attorney-at-law located in Incheon Southern-gu, Incheon, and for having D obtain criminal punishment.

6. Until 30.30., even though there was no fact that the steel team leader was conducting the assembly of reinforcing bars at the construction site of Incheon reinforced Military E, he prepared a false receipt for verifying the work under the name of F of the steel team leader, and thereby, did not pay wages of KRW 1,427,00,000, thereby hindering the work progress by threatening the competent labor office and the reinforcement Military Service to prevent the completion of construction, and applied for the payment of false wages accordingly.

“The complaint has been drawn up.”

However, it is true that D was an assembly of reinforcing bars at the construction site of Incheon Reinforcement-gun E, and D was actually prepared by F of the steel team leader F of the steel team and demanded reasonable wage payment accordingly, and G was also subject to any intimidation or interference with the work of D.

Nevertheless, around April 28, 2015, the defendant submitted the above written complaint to the public service center of the Incheon District Public Prosecutor's Office located in the Nam-gu Incheon Metropolitan City, Nam-dong.

2. Determination

A. 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 thus, the requirement that the reported fact goes against the objective fact requires positive proof. The establishment of the crime of false accusation is not recognized solely by the passive proof that the truth of the reported fact cannot be recognized. The establishment of the reported fact is not always suspected of false accusation, and if it is insufficient to readily conclude that the reported fact is false, it shall be deemed that there is no proof.

Supreme Court Decision 2013Do929 Decided March 27, 2014