A defendant shall be punished by imprisonment for not less than eight months.

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 7, 2019, the Defendant prepared a written complaint at the office of the Defendant located in Gyeongnam-gun, Busan-gun, and submitted it to the public service center of the police station located in 1 in the center of the same Eup/Myeon as the same day, and stated the gist of the complaint at the above police station around August 21, 2019.

The content of the complaint is that "Around September 26, 2012, he/she subscribed to E insurance through D with a private design applicant for insurance belonging to C around September 26, 2012, signed an insurance application with a signature of 50% out of 140,000 won of insurance premium once more than 10 years and 140,000 won, and D submitted a false and forged insurance application under the name of the defendant, the accumulation rate of which is 20 years and which is 35% of the amount of insurance premium, and thus punished for the defendant's future."

However, the Defendant agreed to subscribe to the goods accumulated in KRW 35,219, out of KRW 140,00, one time insurance premium of KRW 20,000, and signed the insurance subscription directly.

In other words, D did not forge the insurance subscription form.

As a result, the defendant reported false facts to the public official for the purpose of having D receive criminal punishment, and filed a false complaint against D.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Legal statement of the witness D;

1. Each prosecutor's office and each protocol concerning the examination of suspects of D;

1. Statement made by the prosecutor and the police against the defendant;

1. A chief of the accusation (a list No. 1);

1. Each insurance policy document, etc. (Evidence Nos. 2, 16), CDs, and recording records (Evidence Nos. 26,31);

1. Application of C Acts and subordinate statutes on seized articles;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope and non-acceptance of the recommended punishment according to the sentencing criteria [Class 1] general dismissal area, one month to one year in imprisonment;

2. An insurance contract with any content different from the actual one by forging an application for a decision on sentencing, etc.;