If a false statement of complaint was submitted to a police officer and returned, the crime of false accusation shall be committed.

Since the defendant's first statement of false facts was submitted to the police officer, the report of false facts had already arrived at the investigation agency and the crime of false accusation was completed, even if the complaint was returned thereafter, it does not affect the establishment of the crime of false accusation.

Article 156 of the Criminal Act

Defendant

Defendant

Incheon District Court Decision 84No364 delivered on August 16, 1984

The appeal is dismissed.

We examine the grounds of appeal.

According to the facts duly established by the judgment of the court below, the defendant prepared a non-indicted 5,00,00 won non-indicted 1 on behalf of the non-indicted 5's non-indicted 5's non-indicted 5's non-indicted 1's face value at a face value without the complainant's permission, and affixed his seal to the defendant's false statement that "a person who wrongfully embezzled and embezzled by exchange with the defendant's right to 5,00,000 won." As a result of the following reasons in its holding, the defendant's complaint was issued to the police officer who is the head of the night duty team leader at the time, and the defendant's complaint was issued to Kim Jong-young, but it was confirmed that there was no such fact, but it was confirmed that there was no fact that the police officer had stolen a promissory note against the defendant, and that the defendant maintained it as it is. Thus, the defendant was returned to the police officer after receiving a return of the complaint and again submitted it to the police officer, but the police officer did not have a criminal charge.

Thus, the defendant's act is that the report of false facts has already arrived at the investigation agency when the defendant submitted a letter of false facts prepared in the first place to the police officer, and then the crime of false accusation has already been completed. The fact that the letter of complaint was returned thereafter does not affect the establishment of the crime of false accusation that has already been completed.

The appeal is dismissed on the premise that the defendant's false report has not arrived at an investigation agency on the premise that the defendant's false report has not arrived at the investigation agency.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju