Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 3, 2015, the Defendant made a false statement to the effect that “Defendant C and D, who is the Defendant, shall use the computer at a non-resident located in Jung-gu Si around March 2008, 208,” “A shall pay in one week, if he/she borrowed 30 million won or more as he/she used it,” but he/she did not have any intent or ability to pay it even if he/she borrowed money, this year as a loan from A, even though he/she was unable to do so.
7. On 21.21. A complaint stating the false statement to the effect that it was obtained through delivery of KRW 29 million, was prepared, and submitted to the public service offices of the former branch office of the former branch office of the public prosecutor's office located in the former branch office located in 27.27. The complaint was received as a case.
However, at the time of July 21, 2008, the defendant paid KRW 29 million to C under the name of the deposit money for the above red ginseng in order to take over red ginseng that C and D intended to import into Korea in China from China, and even though the defendant did not lend money to C and D, or C and D did not mislead the defendant of his intent or ability to repay, as stated in the above complaint, although he did not have any fact of deceiving C and D, C and D, as stated in the above complaint, the defendant prepared a complaint stating such false fact and submitted it to the prosecutor's office.
Accordingly, the defendant had C and D had C and D receive criminal punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the police against C or D;
1. Statement made by the police against the defendant;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;
1. Articles 157 and 153 of the Criminal Act to mitigate confessions;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the confession and reflects the truth, and taking into consideration favorable circumstances, such as the fact that there is no criminal record for the same kind of crime);