The defendant's appeal is dismissed.

1. The summary of the grounds for appeal does not have any consent to the general meeting of shareholders and the meeting of the board of directors concerning the defendant's representative director's resignation and the appointment of new directors, and there is no seal affixed on relevant documents, such as the minutes of the general meeting

Therefore, although the contents of the defendant's complaint are not false facts, the judgment of the court below is erroneous in misconception of facts.

2. Determination

A. The crime of false accusation is established when a person reports false facts contrary to the objective truth with the intention of having another person subject to criminal punishment. Whether the reported facts are false or not shall be determined based on whether the core or important contents of the reported facts are false or false with respect to the elements of the crime (see, e.g., Supreme Court Decision 91Do1950, Oct. 11, 1991). Meanwhile, the act of forging a document refers to an act of preparing a document by gathering another person’s name without the authority to prepare it. Thus, if a document is prepared with an explicit or implied consent or delegation by the nominal owner, it cannot be deemed as a crime of false accusation.

(see, e.g., Supreme Court Decision 97Do183, Feb. 24, 1998). In addition, the degree of the formation of conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt, and rejection of evidence by causing a suspicion of having probative value without reasonable grounds is impermissible as exceeding the bounds of the principle of free evaluation of evidence.

In this regard, the term "reasonable doubt" does not include any question and incompetence, but refers to a reasonable doubt about the probability of a fact that cannot be compatible with the facts in accordance with logical and empirical rules, and is the defendant.