The defendant shall be innocent.

1. A summary of the facts charged: (a) around April 2009, the Defendant suffered damage by entering into a real estate exchange contract with C; and (b) C was sentenced to imprisonment with prison labor for a period of ten months for fraud; (c) the execution of the sentence was completed; (d) however, C did not compensate for damage after the release of the Defendant and did not make contact with C; and (c) the Defendant was frightened with C.

Around August 2013, the Defendant: (a) filed a complaint with the effect that, for the purpose of having a criminal punishment imposed upon C, the E law office located in Seo-gu, Daejeon, Daejeon, requested C to an infinite employee; and (b) “C only cancels a provisional registration established in the Moel building, which is a C owner, by taking a loan of KRW 800 million to the Bank as security; (c) if C lends a provisional registration cancellation cost of KRW 100 million to the Bank, it would be the top priority repayment of the Bank loans as the loan proceeds; and (d) by deceiving KRW 100 million under the pretext of the loan, C would be punished.”

However, in relation to the crime of fraud, C had already been convicted and completed the execution of the sentence, and the Defendant did not conclude a monetary loan contract with the above content, and did not lend the money. On September 11, 2013, the Daejeon Western Police Station civil petition office, which is located in multiple Dong-dong, Seo-gu, Daejeon, Daejeon, filed a complaint with the police officer who cannot know his name, and filed the complaint with C.

2. 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 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 the crime of false accusation cannot be acknowledged.

(Supreme Court Decision 2005Do4642 Decided May 25, 2006). Evidence adopted.