A defendant shall be punished by imprisonment for six months.

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.

Criminal facts

On December 12, 2011, the Defendant received B’s endorsement on the back of the check of KRW 10 million at the bank account (the check number D, issuer E, and date of issuance on March 30, 201), and then remitted KRW 6.2 million around 13, 200,000 and KRW 3 million around 14,000 on the same month to the back of the check.

In this regard, the defendant did not present a payment within the payment period of the check and did not receive a return of the money remitted from B, and the defendant did not know that B printed the receipt slip as security, and he did not know that there was fraud of money by deceiving the defendant who was aware of that fact.

On March 30, 2017, the Defendant made a copy of the above watermark into the French no more than Daegu, Daegu, and around the same month, around the 30th day of the same month, the Defendant prepared a complaint stating the false fact that “The Defendant Nonparty B, who was the Defendant, printed the watermark to the Defendant, but, despite being aware of the fact, printed it to the Defendant, and fraudulently acquired money by taking it as security,” attached to the complaint, and received a copy of the said check to the public prosecutor’s office of the Daegu District Public Prosecutor’s Office around the 31st day of the same month.

Accordingly, the defendant did not appeal B.

Summary of Evidence

1. The statements of witness B and F;

1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;

1. Seizure records;

1. Application of the Acts and subordinate statutes notifying the results of document appraisal;

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant's false fact is not guilty.

However, the age, sex, environment, circumstances leading to the crime, conditions after the crime, etc. are considered as follows: (a) false facts are proved immediately; (b) the defendant is not paid KRW 10 million from B and F; and (c) there are no other criminal records other than fines imposed under the Act on Special Cases Concerning the Settlement of Traffic Accidents until now.