The conviction of facts contrary to objective facts and the establishment of a false report and a false accusation;

A report in a crime of false accusation refers to a report without conviction that the reported fact is false or true, and therefore, even if it is inconsistent with objective facts, if a reporter is true and reported as true, the crime of false accusation shall not be established.

Article 156 of the Criminal Act

Supreme Court Decision 83Do2410 Decided May 29, 1984, 86Do556 Decided September 23, 1986, Supreme Court Decision 86Do2632 Decided March 24, 1987

Defendant

Prosecutor

Daejeon District Court Decision 85No1215 delivered on October 17, 1986

The appeal is dismissed.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below rejected the evidence which corresponds to the fact that the victim received 5,00,000 won from the defendant at issue in this case at the time of receiving the above construction from the defendant, the contractor for the above construction was the non-indicted Haak, and was received to him to transfer it to him, and thus, it is hard to believe in light of the facts, such as the evidence adopted by the court below and the time of original adjudication recognized thereby, and further, the defendant was found not guilty on the ground that it is sufficient for the victim to feel that the deceptive act of the victim was opened in the process of receiving the above money from the defendant as the construction cost, and there is no other evidence sufficient to acknowledge the criminal intent of the defendant. In light of the records, the above judgment below is just and there is no error of law by mistake of facts due to violation of the rules

A report in a crime of false accusation refers to a report without conviction that the reported fact is false or true, and thus, even if it is inconsistent with objective facts, if a reporter is true and reported as true, the judgment below to the same effect is just and there is no illegality in the judgment below, and there is no illegality.

The issue is groundless.

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

Justices Kim Jong-sik (Presiding Justice)