The Defendant, not guilty, publicly notified the summary of the judgment of this case.

1. On September 2017, the Defendant entered into a cargo transport contract with C, an executive director, to enter into a cargo transport contract with C, which is an executive director, in order to enter into a land borrower into B (ju), and if the amount of cargo to be transported to the company on the day of the Defendant’s leave of absence exceeds the amount of cargo, the Defendant permitted the article belonging to the company to use the DNA truck owned by the Defendant so that the company can use it. Accordingly, the Defendant permitted the use of the truck while keeping the auxiliary height of the truck in custody

Nevertheless, on March 4, 2018, the Defendant filed a false complaint with the Seoul Dong Police Station located in Seongdong-gu Seoul Metropolitan Government, on May 4, 2018, stating that “B (State)’s transportation manager E used D branch trucks parked in F F (State) parking lots from September 1, 2017 to March 6, 2018, the Defendant: (a) filed a false complaint with the Defendant that “B (State) used D branch trucks parked in F (State) parking lots located in F (State) of Jung-gu Incheon Metropolitan City without the Defendant’s permission.”

Accordingly, the Defendant filed a false complaint with a public office for the purpose of having the above E receive criminal punishment.

2. Determination

A. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant, even if there is no such evidence.

(See Supreme Court Decision 2008Do10096 Decided June 25, 2009, etc.). B.

Judgment

In full view of the following facts and circumstances that can be recognized by the record, the evidence submitted by the prosecutor alone is sufficient to the extent that there is no reasonable doubt that the defendant filed a complaint against E, etc. while recognizing that the defendant was false in violation of objective truth.