A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On September 13, 2013, the Defendant: (a) drafted a false complaint stating that “E loans from its home and Fk3 cars will be set aside in the order of August 2013, 2013 and then in return for money to G and H; (b) E, G and H would punish them.”

However, in fact, E would borrow 3.3 million won from H through G upon the Defendant’s request that the said car be financed with money to G, and deliver the said car as a collateral. The Defendant knowingly borrowed 3.3 million won with the said car as collateral.

Nevertheless, the defendant submitted a written complaint to the police officer who cannot know his name at the Gyeyang Police Station located in Gyeyang-gu, Incheon Metropolitan City 4 Dong 1078-1.

In this respect, the Defendant, E, G, and H had the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the interrogation records of the accused by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Application of the accusation, the register of automobiles, the details of passbook in the name of the suspect E, the conversation between the suspect and the complainant, and the statutes governing the withdrawal of the complaint;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157 and 153 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act (including the following reasons for sentencing):

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

1. The types of general non-permanent crimes according to the sentencing criteria: Imprisonment with prison labor for not less than six months nor more than two years;

2. A criminal act that is not suitable for the determination of sentence, or that is committed in court, and the criminal defendant is led to confession.