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

Punishment of the crime

1. Around August 1, 2014, the Defendant leased a vehicle of KRW 8 million in the market value of KRW 32.5 tons from the victim B (ju) and embezzled the said vehicle by arbitrarily providing the said F with the said vehicle as collateral for transfer in order to secure the Defendant’s debt of KRW 10 million with respect to the Defendant’s F at the Defendant’s E plant located in the Northern-gu, Y-gu, Y-gu, Y-gu, Y-si, Y-si around October 18, 2014.

2. When the Defendant could not return the 2.5 tons of the embezzled vehicle to B (the State) (the lessor) as described in the foregoing paragraph 1, the Defendant had the intention to submit a false complaint against the Defendant, as if the F took the above fore against the Defendant.

Accordingly, on December 21, 2016, the Defendant submitted a letter of complaint to the effect that he was able to have 3 tons owned by the complainant and 1st to have 7 tons owned by the Defendant on October 20, 2014 at the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and 705, Seocheon-gu, Seocheon-gu, Seocheon-gu, 201, F, E factory for the operation of the complainant around October 20, 2014, and 7 tons owned by the complainant and 3 tons owned by the Defendant (State).

However, in fact, the defendant provided 7 tons of the above F with 10 million won and 2.5 tons of the above F as a collateral for the transfer of the obligation of KRW 10 million, which was borne by the creditor F around October 18, 2014, to the creditor F, and there was no fact that F forcibly took the above two parts of the above possession.

Accordingly, the defendant submitted a false complaint to F for the purpose of having the F punished criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A construction machinery registration certificate, a process deed, a contract for the transfer of goods, and a construction machinery lease contract;

1. A detailed statement of each summary, E copy of passbook, and deposit of down payment;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act (the point of embezzlement), Article 156 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The Criminal Act mitigated by law;