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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On December 26, 2014, the facts charged D, even if known to the Seosan branch of the Daejeon District Court, was accused of fraud by deceiving a fisheries cooperative and by deceiving the cooperative through a delivery of approximately KRW 2,1540,000 from the said cooperative via a tax exemption amounting to KRW 2,1540,000. Accordingly, on February 12, 2015, a request for formal trial was pending in trial, and the Defendant was present as a witness of the said trial on July 28, 2015.
On September 3, 2015, the Defendant was present as a witness in the Defendant’s criminal case on July 28, 2015 and made a false statement at the public service center of the Daejeon District Public Prosecutor’s Office, and the facts are as follows: D, through E and F, did not threaten the Defendant to “be present as a witness and make a false testimony” but D, E and F, upon D’s request, found at the house for the purpose of having D take criminal punishment.
If there is no cooperation, it would be a question that the departure report was substituted by a false departure report and would be punished. In the end, D prepared a written complaint to the effect that the above E, etc. would threaten the defendant, and submitted it to an employee of the above civil petition office.
Accordingly, the defendant filed a false accusation for the purpose of having D receive criminal punishment.
2. Determination
A. 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. As such, the requirement that the reported fact goes against the objective fact requires positive proof. The mere passive proof that the truth 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 acknowledged by concluding the reported fact as a false fact contrary to the objective truth.