A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 17, 2015, the Defendant submitted a written complaint to the public prosecutor’s office of the Daejeon District public prosecutor’s office located in Seo-gu, Daejeon District public prosecutor’s office. The content of the complaint is that “B forged or uses a cell phone entry application in the name of the complainant and used five cell phoness without this permission.”

However, in fact, B opened a cell phone due to the need for living expenses, and prepared an application for joining a cell phone in the name of the defendant in the process of the request of the defendant to prepare money to dispose of it, and then transferred to the defendant the remaining 1,300,000 won after deducting the unpaid charge from 2,00,000 won. Thus, there was no forgery of the application for joining a cell phone in the name of the defendant.

Nevertheless, at that time, the Defendant filed a complaint stating false facts with the intent of having B subject to criminal punishment for the reason that B does not cause a loan to be promised after disposing of the Lone Star Co., Ltd. released under the Defendant’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect B by each prosecutor;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The range of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, Type 1 (general dismissal] (one month to one year) in the mitigation area (special mitigation person], self-denunciation and confession;

2. The nature of a crime that has not been sentenced is not only good in that the criminal justice is not only to interfere with the proper exercise of criminal justice but also to have the victim suffer mental suffering by having the victim undergo unnecessary investigations.

However, the defendant makes a confession of the crime late and reflects it.