The defendant shall be innocent.

1. On July 6, 2012, the Defendant subscribed to and opened a mobile phone in the name of the Defendant in the instant facts charged at the D agency operated by C around July 6, 2012, in accordance with the proposal of a person under no name, who wants to subscribe to a mobile phone or to provide a loan on the opening of a mobile phone in the name of the Defendant.

Nevertheless, when the defendant was notified of the payment of the fee for the use of the aforementioned opened mobile phone without obtaining a loan from the above person's name from the above, on February 22, 2014, the defendant prepared a complaint stating the false fact that "A, in the office of the certified judicial scrivener office located in the name of Chang-si, Seoul, by copying the resident registration certificate, bank account, etc. to the person who caused the loan, and then sent it by facsimile, and the contact was not made. However, in the name of the defendant, KT mobile phone was opened in the name of the defendant, and C, the D operator who opened the mobile phone, forged and exercised the mobile phone subscription application by stealing the defendant's name, knowing that the defendant was not an applicant for the opening of the mobile phone." On February 22, 2014, the defendant submitted a false complaint to the Incheon Jung-gu Police Station located in Incheon, Jung-gu, Incheon, to the public service center.

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

2. Determination

A. The crime of false accusation of relevant legal principles is established in a case where the reported fact goes against objective truth with the intention of having another person subject to criminal punishment. Whether the reported fact is false or not should be determined depending on whether the core or important contents of the reported fact are false or not in connection with the elements of the crime.

(see, e.g., Supreme Court Decision 91Do1950, Oct. 11, 1991). In addition, in a case where the contents of a complaint are not a false fact that is not based on any false fact, but rather a somewhat exaggerated fact based on the fact, the crime without accusation is not established.

(See Supreme Court Decision 2002Do5939 delivered on January 24, 2003, etc.). B.

Facts of recognition

According to the records, the following facts are recognized.