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

1. On May 13, 2015, the Defendant drafted a false complaint against D using a computer in the “Law Firm,” located on the third floor of the Seo-gu Daejeon, Seo-gu 78, Seo-gu, Daejeon, 2015.

Around August 9, 2013, the complaint filed against Defendant D, “A, a U.D., has been kept in custody of the corporate seal imprint, etc. of E Co., Ltd., a corporate seal imprint, etc., by issuing, forging and exercising, without A’s consent, a promissory note with the issue amount of KRW 301,33,600, which is a document necessary for notarial acts, and forged and exercised a letter of delegation, which is a document for notarial acts

“The content and fact were that the Defendant issued promissory notes to D and issued necessary documents, such as corporate seal certificates and certificates of seal impression, so as to enable them to be notarized.

Nevertheless, the defendant submitted the above complaint to the police officer who is unable to know his name at the public service center of the Seoul Dongdaemun Police Station located in 21-gil 29, Dongdaemun-gu, Dongdaemun-gu, Seoul on the same day.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

2. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to, the determination ought to be based on the defendant’s benefit even if there is suspicion of guilt

On the other hand, since 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, there should be positive proof as to the fact that the reported fact goes against the objective truth, and the truth of the reported fact cannot be recognized, just because the reported fact goes against the objective truth.