무고
A defendant shall be punished by imprisonment for not less than two months.
Punishment of the crime
[criminal power] On May 18, 2018, the Defendant was sentenced to six months of imprisonment for embezzlement in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on December 11, 2018.
【Criminal Facts】
Around March 15, 2018, the Defendant drafted a written complaint against the above B with the aim of having the Defendant Nonparty B receive criminal punishment in the Ansan prison located in Anyang Prison located in 508, the Sinyang-si, the Sinyang-si, the Sinyang-si, the Sinyang-si.
A written complaint was that “Around October 2014, at the request of B at a discount of 100 million won per face value via B, and returned the said bill, which was not discounted, and there was no embezzlement.” However, B made a false accusation that, around November 26, 2014, he/she embezzled two copies of the said promissory note to the Seoul Gangnam Police Station.”
However, around October 8, 2014, the Defendant received two copies of promissory notes from B at the office of the Defendant located in Gangnam-gu Seoul Metropolitan Government D at the discount of KRW 100 million in face value and received two copies of the said notes from B, and delivered the said promissory notes at his/her own discretion to his/her name partner on October 1 of the same year while keeping them.
Nevertheless, in order to be exempted from criminal liability for embezzlement, the Defendant sent the above false statement to the public service center of the Suwon District Public Prosecutor's Office within the jurisdiction of the Suwon District Public Prosecutor's Office, which is located in the 212-ro of the Gu, at the time of Gyeonggi-do, around March 15, 2018, by mail.
Accordingly, the defendant brought the above B without the criminal punishment for the purpose of having B receive criminal punishment.
Summary of Evidence
1. Partial statement of the defendant;
1. The suspect interrogation protocol of the police as to B;
1. A complaint;
1. Investigation report (report on hearing statements C);
1. Investigation report (report attached to evidence records of the relevant case);
1. Previous convictions: Criminal records, summary information of case, and application of a copy of each decision;
1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;
1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;