The defendant shall be innocent.

1. The Defendant is a person who served as the representative director of the B Co., Ltd. from March 4, 2016 to December 26, 2017, and C is the head of the Trade Union Branch of the B Co., Ltd.

On July 5, 2017, the Defendant submitted a false complaint stating that “The Defendant filed a complaint with the public service center of the Chuncheon District public prosecutor’s office, which is located in Chuncheon City, 288, “Around 2013 and 2014, Defendant C produced a program for promotion of the D Farm-gu public office, and deposited the remainder of production costs to the company after being requested to be manufactured by the company, but did not deposit the difference with the company, and embezzled by personal consumption.”

However, in fact, since the producer of the above program was ED in 2013, C did not participate in the production of the program, and in 2014, the above program was broadcast only after the out-of-the-counter production, and there was no fact that C embezzled the production cost.

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

2. Determination

A. The crime of false accusation of relevant legal principles 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, and the requirement that the reported fact goes against the objective fact requires positive proof (see Supreme Court Decision 96Do599, Feb. 24, 1998). As long as the objective fact is reported as one’s own perception, the subjective, legal structure, or evaluation based on objective facts is erroneous in the subjective, legal structure, or evaluation based on objective facts.

Even if this does not constitute reporting false facts, it does not constitute an offense of false accusation (see, e.g., Supreme Court Decision 84Do1737, Sept. 24, 1985). Here, the term “report of false facts” refers to a conclusive or dolusent recognition and reporting that a reported fact goes against objective facts.