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The defendant shall be innocent.
Reasons
1. On July 22, 2016, the Defendant submitted a written accusation to the public service center of the Dong-dong Police Station in the Dong-dong Police Station in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Office in the Dong-gu Seoul city in the purport that “A brokerage commission is granted for a check as a broker fee on December 9, 2015.” On July 23, 2016, the Defendant submitted a written accusation to the effect that “The purchase price was KRW 480,000,000,000,000 won as the statutory commission was paid as a broker fee by the purchaser himself/herself,” and stated to the effect that it is punished as a broker fee.
However, the facts are that the defendant concluded a contract for the construction of a maintenance factory to be newly built on the land between C and paid the above money as the cost of the construction service and did not have paid it as a brokerage fee.
In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.
2. The judgment of this Court
A. The gist of the Defendant’s assertion was that the Defendant paid C with KRW 10 million as an intermediary fee (hereinafter “the instant money”). As such, the Defendant’s filing of a complaint under the premise that C did not constitute an accusation.
B. In the relevant legal doctrine, the finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads to the judge’s conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof is insufficient to such a degree that it would lead to such conviction, the determination ought to be based on the defendant’s benefit even if there is suspicion
On the other hand, the crime of false accusation is objective truth when another person reports it for the purpose of having a criminal or disciplinary punishment imposed.