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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, on March 2010, is performing construction works of a convalescent hospital in the Seocho-si, Masan-si, Masan-si.
At the time of the financial shortage, D, which operated the same hospital business, proposed to the effect that “The hospital construction is carried out in the name of the Party by using a promissory note issued by E, and the shares of 10% at the time of completion of the next construction,” and D entered into a business agreement in response thereto.
In addition, on March 26, 2010, the Defendant borrowed KRW 300 million from F, a corporate bonds company, from F, to raise funds for hospital construction around March 26, 201, and agreed in advance with D to use KRW 100 million among them as D and E.
Nevertheless, around April 9, 2012, the Defendant sent to the public service center of the Incheon District Public Prosecutor's Office located in the Nam-dong, Incheon, Incheon District Public Prosecutor's Office for its name, “When the Defendant borrowed KRW 310 million from the 318th of June 3, 2012, the Incheon District Court located in the Nam-gu, Incheon District Court of Law No. 2011Gahap18693, the Defendant appeared to take an oath as a witness of the above court's claim for confirmation of the existence of the obligation to the Plaintiff A and Defendant F, and submitted testimony, unlike the fact, the Defendant's attorney stated that “A may carry out a building construction through a bill issued by E, and if the building is completed, the Defendant did not want to divide the profits accrued from the operation of the hospital into a certain ratio, and presented the same business.” The Defendant did not inform the Defendant that “I would have made a false testimony to use the hospital's building by borrowing KRW 100 million from F.30 million.”
However, the testimony made all the above facts.
As a result, the defendant submitted a false complaint to the defendant D for the purpose of criminal punishment.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses D, F and E, respectively.