The defendant shall be innocent.

1. On November 5, 2013, the Defendant submitted a written complaint to the civil petition office of the Dong-dong Police Station located in the Dong-dong Eup Eup Eup/Myeon/Dong-dong, to the police officer in charge to the effect that “The Defendant filed a complaint to the effect that “The Defendant shall pay KRW 10,000 per day from February 4, 2013 to September 23, 2013, he/she shall pay KRW 10,000 as accommodation charges, and he/she did not pay accommodation charges in total, KRW 2,320,000,000, inasmuch as he/she did not pay accommodation charges.”

However, the defendant did not have been paid accommodation charges from C.

As a result, the defendant was arrested for the purpose of having C 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, 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 2003Do5114, Jan. 27, 2004). Moreover, even if the fact of accusation is false contrary to objective facts, if the fact of accusation is false, without awareness of such falsity, there is no intention to make an accusation.

If the contents of the complaint are not false or false, but the circumstances are not somewhat exaggerated on the basis of facts, the crime of false accusation shall not be established.

(See Supreme Court Decision 2002Do5939 delivered on January 24, 2003, etc.). B.

In other words, the following circumstances revealed by the records of this case, i.e., ① the Defendant is paid KRW 10,000 per day from C before the investigation agency to this court.