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The prosecutor's appeal is dismissed.
Reasons
1. The 16 million won receipt in the C’s name of the summary of the grounds for appeal is duly prepared;
It is difficult to see that the defendant was led to a confession in the relevant criminal case, and that the defendant was transferred the status of purchaser from C when he paid the balance and when he paid it.
In light of the different points at the time of assertion, the probative value of indirect facts that seem consistent with the Defendant’s assertion is the sole basis of rejecting the factual judgment in the relevant civil case and criminal case final and conclusive judgment and the Defendant acquired the status of purchaser from C
Even though it is difficult to see it, the court below acquitted the defendant, and there is an error of law that affected the result by misunderstanding of facts.
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 mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of a crime of false accusation cannot be recognized by readily concluding the reported fact as a false fact going against the objective truth (see, e.g., Supreme Court Decisions 96Do599, Feb. 24, 1998; 2011Do15767, Feb. 13, 2014). (b) The term “report of false facts” refers to a final or incomplete 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 such falsity, it is not intentional about it, and even if there is no content contrary to the objective fact.
Even if the entire contents of the complaint are not false facts, it is nothing more than somewhat exaggeration of the circumstances on the basis of facts.