A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On October 201, the Defendant received a vehicle premium loan from the Hyundai Capital Capital Capital in the Defendant’s name, purchased the vehicle C food car, offered it to B, received approximately KRW 10 million in return from B, but imposed an administrative fine related to the vehicle, such as speed violations, and became a legal problem in the future. As the Defendant was aware that there was a problem in the future, the Defendant did not intend to file a false complaint against B.

Around 09:00 on March 30, 2015, the Defendant submitted a letter of complaint to employees in the public service center of the Incheon Seosan Police Station located in the Bupyeong-gu Incheon Metropolitan City Seosan-dong to the effect that “B made an application for a loan without a low consent and received a loan of KRW 24 million and then filed a report on the purchase of a loan by fraudulent act.” On the same day, at the above police station investigation and the second economic team office around 10:19 on October 11, 2011, the Defendant made a statement to the effect that “B would apply for a new loan from Hyundai Capital under the name of Hyundai Capital without a low consent, and received a loan of KRW 24.2 million from Hyundai Capital, thereby punishing for the crime of forging a private document” to the effect that “B purchased a loan of KRW 3,420 million.”

However, on October 11, 2011, the Defendant directly visited the Hyundai Capital Service Office located near the Guro-gu Seoul Metropolitan Government Yeongdeungpo-gu, Guro-gu, Seoul to prepare documents related to the purchase of a food car, and B did not forge and use the above documents.

Accordingly, the Defendant reported false facts to B for the purpose of having the criminal punishment imposed upon B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A and E (including each statement made in F and B);

1. Each report on investigation;

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

1. Article 156 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Articles 157, 153 and 55 of the Criminal Act for mitigation of confessions;