The establishment of a crime of false accusation and report without conviction of truth;

In the establishment of a crime of false accusation, it is sufficient to report the fact that there is no conviction of the truth for the purpose of having another person receive criminal or disciplinary action, and it is not necessary to have the reporter confirmed that the reported fact is false. Therefore, it is the so-called crime of false accusation by the defendant who submitted a written accusation, based on the presumption that the deposit on the account book has not been made available without conviction as to the useful fact even though the Nonindicted Party has not embezzled money.

Article 156 of the Criminal Act

Supreme Court Decision 4287Do749 delivered on October 26, 1961, 63Do62 delivered on April 18, 1963, 63Do14 delivered on July 25, 1963, 78Do1896 delivered on December 11, 1979

Defendant

Defendant

Attorney Kim Jin-hoon

Daejeon District Court Decision 82No222 delivered on July 7, 1982

The appeal is dismissed.

We examine the Defendant’s grounds of appeal.

In the establishment of the crime of false accusation, it is sufficient to report the fact that it is not true with the intention of having another person receive criminal or disciplinary action, and it is not necessary to have the reporter be convicted that the reported fact is false.

According to the records, the purport of the accusation submitted by the defendant against the non-indicted Ba-hee is that the above non-indicted Ba-hee was useful without having deposited 76,89 won for the preliminary return of value-added tax in 1980, 528,000 won for the first time of the return of the value-added tax in 1980, and 2,132,301 won for the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales of the sales.

Therefore, the court below's decision that has maintained one trial group which recognized the establishment of a crime of false accusation as to the defendant's decision act is just and without merit. Thus, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Lee Sung-soo (Presiding Justice)