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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On November 12, 2014, the Defendant drafted a false complaint with respect to C at the Young-gu Office of the Korea Legal Aid Corporation located in the Young-gu, Young-gu, Gangwon-do.
The accusation statement states that "C and D conspired with each other to forge a settlement agreement in the name of the complainant, and so forged settlement agreement was submitted to the Young-gu branch of the Chuncheon District Court around November 5, 2014 and used forged private documents." The above settlement agreement was made by delegation of the authority of the defendant to prepare it to D and there was no forgery of the settlement agreement between C and D.
Nevertheless, around November 13, 2014, the defendant submitted the above written complaint to the investigation of the Tae Yaong-dong Police Station and the intelligence team in Tae Yaong-dong.
As a result, the defendant was arrested for the purpose of having C receive criminal punishment.
2. 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, and 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 cannot be acknowledged.
(see, e.g., Supreme Court Decision 2005Do4642, May 25, 2006). According to the evidence duly adopted and examined by this court, it can be acknowledged that the defendant was liable to pay the construction cost of KRW 50 million to C when the settlement agreement (the 20 pages of the investigation record, hereinafter “the settlement agreement of this case”) was drafted, and that the defendant delivered a certificate of personal seal impression to D on January 30, 2009.
However, it can be recognized that the person who prepares a settlement agreement of this case and affixed the seal of the defendant is D.