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The judgment of the court below is reversed.
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the grounds for appeal did not agree that, upon request of E and D for discount of the bill, the Defendant only agreed to determine the face value of the bill later through consultation but did not state that amount as KRW 80 million.
Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.
2. Determination
A. On March 201, 201, the Defendant drafted a false complaint on D’s charge, from 102 dong 102, 102, 102, with respect to the Seocho-si, Gwangju metropolitan apartment.
The complaint states that "The face value of a promissory note issued by the defendant at will at the time of D on its date changes from 3 million to 80 million won," and that "the original face value of a promissory note was in blank, and if the original promissory note is in default, it was known that there was a copy of the said Promissory Notes as it would be exempted from the payment of the amount of the Promissory Notes, and that there was a certificate of receipt of the Promissory Notes stating the above KRW 3 million at all, and that there was an agreement with D, E, etc. to state the original Promissory Notes in the face value of the Promissory Notes."
Nevertheless, around March 3, 2011, the defendant submitted the above complaint to the public official in charge of name misstatement at the Gyeonggi Police Station located in the Gyeonggi-si, 541-27, Gyeonggi-do.
In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.
C. (i) The crime of false accusation is established when a reported fact goes against the objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition. Therefore, the requirement that the reported fact goes against the objective truth should be proven, and the truth of the reported fact is not recognized.