A defendant shall be punished by imprisonment for one year.

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 April 24, 2013, the Defendant prepared a false complaint with respect to C at the public service center of the fixed-line police station located in the fixed-line Eup of Gangwon-do.

The criminal complaint is that "C around 02:21 on March 14, 2013, stolen cash of KRW 9.9 million stored in the UAE located in Gangwon-gun D, Gangwon-do, and punished for escape." There was no fact that C borrowed money from the defendant and stolen money.

Nevertheless, on April 24, 2013, the defendant submitted a written complaint to the police officer in a nameless manner at the public service center of the police station around the police station.

In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. A copy of investigation report (as to the attachment of records of the case accused by the person under investigation, the attachment of records of the case);

1. A record of investigation reports (Attachment of a record), recording;

1. Investigative report (Attachment to a written complaint against larceny), written complaint;

1. A criminal investigation report (in cases of accompanying notes, recording notes, etc.), recording records;

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

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. Since the amount of damage stated in the statement of complaint was stolen by C, 5 million won, excluding 4.4 million won prior to the borrowing of the amount of damage KRW 9.9 million, which is stated in the statement of complaint, is nothing more than an exaggeration of the amount of damage, and it does not constitute a crime of false accusation.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by this court, the Defendant filed a false complaint against C

It is reasonable to view it.

① A relatively consistent from the investigative agency to the court, C intended to borrow five million won from the Defendant. On the proposal of the Defendant, CCTV was installed in the entirety of the Republic of Korea in which CCTV was installed.