logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2015.03.02 2014고단773
무고
Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

1. The summary of the facts charged is as follows: “C” at the public service center of the Gyeyang-gu Police Station located in the Gyeonggi-gu Gyeonggi-gun on January 29, 2014, the Defendant borrowed 3 million won from any person or D on February 21, 2009; and

3.3.Woman 10 million won, for the same year.

3. On May 25, 2009, around 16, a complaint was filed to the effect that the sum of KRW 10 million is KRW 23,000,000,000 as a passbook in C’s name was used in mind while being kept in the agricultural bank passbook in the form of passbook C, and that the loan of KRW 200,000,000 has not been repaid so far so far, and thus punished for embezzlement and fraud.

However, in fact C used the above money borrowed from anyone or D for the defendant under the direction of the defendant, and there was no fact that he borrowed 200 million won from the defendant on a temporary basis.

Nevertheless, the defendant submitted a false complaint to an investigative agency for the purpose of having C receive criminal punishment.

2. The crime of false accusation is established when the reported facts are false facts contrary to objective truth with the intention of having another person subject to criminal punishment or disciplinary disposition, and the requirement that the reported facts are false facts contrary to objective facts should be proven, and the authenticity of the reported facts is not recognized, solely on the sole ground that the reported facts are false facts contrary to objective truth, and thus, the establishment of the crime of false accusation cannot be recognized.

(See Supreme Court Decision 2005Do4642 Decided May 25, 2006, etc.). Also, in a crime of false accusation, a report of false facts refers to a conclusive or dolusent recognition that the reported fact goes against the objective facts, and thus, a report of false facts is not made. Thus, even if the reported fact of accusation is false contrary to the objective facts, if there is no awareness of such falsity, the intention of false accusation cannot be recognized.

Supreme Court Decision 9Do822 delivered on November 24, 2000 and Supreme Court Decision 24 January 24, 2003

arrow