A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 5, 2016, the Defendant prepared and submitted a false complaint against C in the Busan High Park Gyeong-gu, Busan High School.

The written complaint was that "C, by deceiving the defendant, borrowed a total of KRW 74.8 million from June 2013 to July 2016, and acquired it by lockedly without repaying it, and thus punished as a suspicion of fraud."

However, in fact C was arrested and detained by the police while the defendant was in internal relations with the defendant without deceiving the defendant or deceiving the borrowed money, because the business was difficult to do so, and the defendant was not aware of C's whereabouts.

Nevertheless, on October 5, 2016, the defendant submitted the above complaint to the police officer who could not know his name in the Busan Hadondondondon 665, the Busan Hadondondondondondon 665.

As a result, 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. Statement made by the police against the defendant;

1. The accusation statement, the statement of transaction performance, and the transaction details by account (the following circumstances acknowledged by evidence, the Defendant and C are in an internal relationship from the beginning of 2013, and the Defendant obtained money from C by deceit.

At the time of assertion, the Defendant and C received money without clearly distinguishing the name of lending, donation, investment, etc., and at the time of receiving money from the Defendant, C deceiving the Defendant at the time of receiving money.

In light of the fact that there is no evidence to support, at least dolusently recognized that the Defendant had been aware that his criminal complaint goes against objective facts.

It is sufficient to see.)

Application of Statutes

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] Type 1 (general dismissal] (6 months to 2 years) of the basic area (the person who is subject to special sentencing).