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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) was prepared and furnished to E, etc. with a written contract for the creation of the lower right and the “the maximum amount of claims” in the column of “person holding the right to collateral security” and “the person holding the right to collateral security
Even if a registration of establishment of a right to collateral security has been made without the authority to supplement the above public disturbance, since it constitutes document forgery or document alteration, filing a complaint with the purport that the Defendant signed and sealed an empty paper is merely somewhat exaggeration of the circumstance on the basis of the fact, and thus, the crime of false accusation is not established.
2. Determination
A. The crime of false accusation is established when a person reports false facts to a public office or a public official for the purpose of having a criminal or disciplinary punishment imposed upon another person. Here, the term "report of false facts" refers to a conclusive or dolusent recognition that reported facts are contrary to objective facts, and thus, it includes part of the reported facts.
Even if the falsity is not an important part affecting the nature of a crime, but only an exaggeration of the reported fact, it does not constitute a crime of false accusation. However, if a part of the false fact leads to a change in the nature of the whole of the facts of complaint to the extent that it is likely to mislead the state's trial action or undermine the legal stability of the individual who does not receive an unfair punishment, it can be established.
The defendant's complaint is not an important part that affects the establishment of a crime, or is merely an exaggeration of circumstances, in full view of the following circumstances, which can be acknowledged by evidence duly adopted and investigated by the court below in this case. The defendant's complaint is not an important part that affects the establishment of a crime, but a part that affects the establishment of a crime.