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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
【Criminal Power】 On March 18, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Cheongju District Court, which became final and conclusive on March 26, 2016.
【Criminal Facts】 From October 17, 2014 to May 2, 2015, the Defendant worked as an employee at the E entertainment tavern for the operation of D in Sinju City from October 17, 2014 to May 2015.
During the period of work at the above establishment, the Defendant accused filed a complaint from D on July 26, 2015 on the ground that he deceiving D, defrauded 36020,000 won, embezzled the credit amount of KRW 18880,000,00, and was detained on July 26, 2015. In the process, the Defendant requested D to reach an agreement, but was refused to do so, and the Defendant tried to file a false complaint against D and his birth F, thereby receiving criminal disposition.
On July 28, 2015, the Defendant submitted a complaint to the Gongju Police Station stating that “The Defendant was raped from D on October 17, 2014, and was raped from D’s East F on December 23, 2014, and punished D and F.”
However, the defendant has not been raped by D and F.
In the original facts charged, it is difficult to readily conclude that the Defendant has a sexual intercourse only with the evidence submitted by the prosecutor, in light of the witness H’s statement in the court room.
In addition, this part is difficult to be seen as an element of the crime of false accusation of this case, and it is deleted.
Nevertheless, the defendant prepared and submitted a written complaint as above.
Accordingly, the defendant reported false facts to public offices for the purpose of having D and F punished criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness D, F, G, and H;
1. Each prosecutor's protocol of examination of the accused;
1. Preparation and report of a complaint, a record file CD, and a record of each recording;
1. Previous convictions in judgment: criminal records and references;