The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is as follows: (a) while the Defendant was operating “E Child Care Center” with husband D in the following cities: (b) on June 29, 2013, the Defendant was detained in the course of carrying out his duties as a patrolman and as a consequence, etc.; and (c) on June 29, 2013, the Defendant found F as a person who was liable for D and was given a loan of KRW 175 million from F and lent F to F.

The parties have fully repaid the amount of KRW 1,000,000,000,000,000.

Recognizing the content of “a certificate” was drawn up and issued.

On February 4, 2014, the Defendant drafted a false complaint against F with the aim of having F take criminal punishment against “Law Office B” located in Sinsan-si G, Sinsan-si.

The contents of the complaint are as follows: “Defendant F, the complainant, forged a certificate of confirmation under the name of the complainant, and presented it to A and H.

“The content, fact, as above, was that the Defendant prepared a confirmation certificate to F and that F did not forge a verification certificate under the name of the Defendant.

Nevertheless, on February 5, 2014, the defendant submitted a written complaint to the employees in charge of receipt of the written complaint to the public service offices of the Jeonju District Public Prosecutor's Office in the Jeonju District Public Prosecutor's Office, which is located in the Chosan-si, Seosan-si.

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 crime of false accusation cannot be established by readily concluding that the reported fact goes against the objective truth solely with the passive proof that the authenticity of the reported fact cannot be recognized (see Supreme Court Decision 2005Do4642, May 25, 2006). However, if there is no room to suspect that the reported fact is false, it cannot be said that there is no room for doubting that the reported fact is false, but it is insufficient to conclude that it is false.