The prosecutor's appeal is dismissed.

1. According to the evidence consistent with the facts charged in the instant case, such as witness G or I’s statement in the summary of the grounds for appeal, the Defendant is sufficiently aware of the fact that B arbitrarily exported the above person’s body and stolen it, even though he was aware that the Defendant was not a person who carried the body owned by the Defendant, as indicated in the facts charged.

Nevertheless, the judgment of the court below which acquitted the defendant on the grounds of the statement of H without credibility is erroneous in misconception of facts.

2. In the lower court’s decision, the Prosecutor specified that “A, even though he was aware of the fact that the Defendant did not take out the above figures, filed a complaint with B, even though he was aware of the fact that the Defendant did not take out the above figures, inasmuch as the Defendant moved the figures in the above subparagraph D to another place by ordering his employees at the end of 2011 or at the beginning of 2012.”

Therefore, the lower court acquitted the Defendant on the ground that the evidence submitted by the prosecutor alone, based on the facts and circumstances stated in its reasoning, is insufficient to recognize the fact that the Defendant moved the above figures to another place from the beginning of 2011 or early 2012, and there is no other evidence to acknowledge the fact, and further, the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the facts charged in the instant case that the Defendant was absent from B.

Since the crime of false accusation 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, the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the authenticity of the reported fact cannot be recognized is a false fact contrary to the objective truth, and the establishment of the crime of false accusation can be recognized.