무고
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The Defendant was indicted for violating the Korean Racing Association Act on August 22, 2008 and was sentenced to a suspended sentence of two years at the Suwon District Court on December 23, 2008, and the said judgment became final and conclusive on December 10, 2009.
On April 2010, the Defendant, at the attorney E-law office located in the third floor of the Seocho-gu Seoul Metropolitan Government D Building, had already prepared a false complaint against F through E, an attorney-at-law, a complainant, for the purpose of obtaining evidence to request a retrial against a violation of the Korean Racing Association Act, which became guilty on December 10, 2009.
The gist of the accusation is that “F was present at the court of Suwon District Court No. 408 on October 17, 2008, 14:00, which held as a witness of the above court of 2008Kadan3613, and the defendant's violation of the Korean Racing Association Act against G, and testified after taking an oath for the purpose of undermining the complainant in relation to a criminal case. The fact was that: (a) the complainant paid a sum of KRW 30 million to the complainant in return for providing horse information from the outside of the accusation; (b) although the complainant did not have known that “F paid KRW 20,000 to the outside of the accusation and the complainant in return for providing horse information, the complainant requested additional KRW 10,000,000 to request KRW 20,000,000 to the outside of the accusation and issued a cashier's checks; and (c) thus, (d) the complainant was punished by false statements contrary to memory.”
However, F only testified as a witness of the violation of the Korean Racing Act and there was no evidence that the Defendant appeared as a witness of the case of violation of the Korean Racing Act. However, F merely testified.
Nevertheless, the defendant's name cannot be known at the public service center of the Ansan Police Station located in Ansan-dong 1105 during the period of Ansan-dong around April 28, 2010.