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 August 30, 2017, the Defendant submitted a false complaint against D at the public service center of the Suwon District Public Prosecutor's Office located in Pyeongtaek-ro 1040, Pyeongtaek-si.

On March 21, 2016, the contents of the complaint include: “A monetary consumption loan contract with the effect that Defendant D, the complainant, uses at will, around March 21, 2016, the principal of the complainant’s seal impression to substitute KRW 300 million to the complainant, and a copy of the loan certificate that the complainant borrowed KRW 300 million from the Defendant Nonparty Nonparty, and then, he/she issued it to E and exercised it.”

However, on February 15, 2013, the Defendant, while purchasing Pyeongtaek-si and eight parcels of the land from Pyeongtaek-si to D, made a verbal agreement to deliver part of the profits that may arise from the sale of the land in the future to D. On March 14, 2016, the Defendant sold the land in Pyeongtaek-si to the Dispute Resolution Bank for KRW 2.5 billion, and the purchase price was decided to deliver the amount of credit directly to the mortgagee of the said land and receive the remainder of the amount of credit. On March 21, 2016, the Defendant, upon borrowing KRW 300 million from E, set up a collateral security right of KRW 70 million in the instant land and directly delivered KRW 700,00,000,000,000 in the said land, issued KRW 300,000,000,000 to E as a profit for sale of the said land. The Defendant agreed with D, together with D, prepared a loan and a certificate of money consumption agreement.

Nevertheless, the defendant filed a false complaint with the aim of having D receive criminal punishment by submitting the false complaint to an employee in the above civil service center.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects by each prosecution with regard to D (including the whole part of examination);

1. Statement made by the prosecution against the defendant;

1. Application of the Acts and subordinate statutes to each investigation report and accusation report;

1. Relevant Articles of the Act concerning the facts constituting the crime;