The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant did not prepare an agreement stating that the land owned C (hereinafter “instant land”) on September 15, 2015 was traded on credit at KRW 52 million (hereinafter “instant agreement”), and therefore, C was deemed forged and filed a complaint for forgery of private documents and uttering thereof.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged by deeming that the agreement of this case was not forged.

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 the requirement that the reported fact goes against the objective fact requires positive proof, and the establishment of a crime of false accusation is not recognized by readily concluding that the reported fact goes against the objective truth solely with the passive proof that the authenticity of the reported fact cannot be recognized (Supreme Court Decision 2003Do5114 Decided January 27, 2004). Meanwhile, in the crime of false accusation, the term "report of false accusation" refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective fact, and thus, even if it is inconsistent with the objective fact, if a reporter is confirmed and reported as a true one, the crime of false accusation is not established. However, this is true.

The phrase means the case where the reporter cannot be aware that the reported fact is false or might be false even if based on the objective fact known to him/her, or the case where he/she considers that his/her assertion is correct without disregarding it while recognizing that the reported fact is false or might be false based on objective facts known to him/her.