Text
A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
The Defendant, from August 2014 to November 2014, was a person living together with C, and from around November 2014, the Defendant heard the horses to complete the relationship with C, and did not communicate with C, prepared a false statement of complaint against C to submit it to the police officer.
On January 14, 2015, the Defendant: “C from time to time demanded a loan of money on the ground that C wishes to live together with the marriage, and made a loan of KRW 10,450,000 to C by means of remitting money to the head of the Tong. From the beginning, the Defendant drafted a written complaint stating that “In spite of borrowing money without the intention to marry, C did not have any intent to repay the money, and even if it did not have any specific property and there was no ability to repay the money, it shall be punished on the ground that C acquired money under the condition that it did not have any ability to repay the money.”
However, in fact, the defendant transferred 10,450,000 won to C under the pretext of living expenses or debt repayment, not to lend it to C.
Nevertheless, on January 15, 2015, the defendant submitted the above written complaint to the police officer who could not know his name at the Seocheon-dong Police Station located in Seocheon-si.
As a result, the defendant was arrested for the purpose of having C receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol regarding C;
1. Complaints and police statements of the accused;
1. Application of Acts and subordinate statutes to a report on investigation (submission of a complaint);
1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;
1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of applicable sentences under law: One month to five years;
2. The scope of recommendations on the sentencing criteria: One month to one year (the determination of types).