A defendant shall be punished by imprisonment for six 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 April 25, 2012, the Defendant prepared a false complaint against D, etc. using a computer for the purpose of having D, E receive criminal punishment from B, Attorney-at-law office located in E, Jeju, and Jeju.

A written complaint stating that “Defendant D is the vice president of the foregoing company, and the same E, as an employee in charge of the above company’s accounting, conspired with the F office around December 6, 201, remitted KRW 12 million from the Central Credit Union account, which is the corporate account of the above company, to the Agricultural Cooperative account (Account Number:H) in the above D’s name, and embezzled it.” In fact, the Defendant: (a) did not have any money to pay I’s wages from the F office at the time; (b) borrowed KRW 12 million from the above D’s office to the corporate account; and (c) later, if the progress payment from the J Elementary School Corporation enters the corporate account of the above company, the Defendant agreed to transfer KRW 12 million from the corporate account of the above company to the Agricultural Cooperative account in the name of D’s name; and (d) agreed to transfer KRW 12 million from the corporate account of the above company to the Agricultural Cooperative account of the above company to the 16th resolution on February 16, 2016.

Nevertheless, around April 27, 2012, the defendant submitted the above complaint to the person who is not a public official in charge of civil affairs and submitted the above complaint to the Jeju District Public Prosecutor's Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Examination of suspect suspect regarding D by the prosecution;

1. E prosecutorial statement;

1. Application of an investigation report (related to the submission of data on source sources of KRW 12 million, attached data on details of transactions), details of transmission of text messages, and statutes governing a written disbursement resolution;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The motive for committing a crime that may be taken into account from six months to two years (general mitigation factors) of the sentencing criteria [the scope of recommending punishment] in general dismissal [the scope of recommending punishment]

2. The defendant who has pronounced a sentence shall file a complaint;