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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant of the facts charged on February 27, 2018 and
4. On August 20, 2015, the public service center of the Seongbuk-gu, Seongbuk-gu, Seongbuk-si, Sungnam-si, submitted a complaint and a petition to the effect that “A Co., Ltd. (hereinafter referred to as “C”) operated by B from August 2015 to May 2016 (hereinafter referred to as “C”) did not receive a total of KRW 37,032,258, total amount of wages, including KRW 37,032,270,70,700, and total amount of retirement allowances, and thus, would be punished as a violation of the Labor Standards Act and as a violation of the Act on the Guarantee of Workers’ Retirement Benefits.”
However, the defendant did not have worked in C.
Nevertheless, for the purpose of punishing B, the Defendant submitted the above false accusation and written complaint to B.
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 a crime of false accusation is not established by readily concluding that the reported fact goes against the objective truth only with the passive proof that the authenticity of the reported fact cannot be recognized. In the crime of false accusation, a report of false accusation refers to a conclusive or dolusent recognition and report that the reported fact goes against the objective fact. Even if the reported fact goes against the objective fact, if there is no awareness of the falsity, the report is not intentional.
Therefore, in a case where the contents of a complaint are not false facts, but are merely exaggerated in a somewhat exaggerated manner on the basis of facts, the crime of false accusation is not established (see, e.g., Supreme Court Decision 2018Do2614, Jul. 11, 2019).
Judgment
1. This.