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A defendant shall be punished by imprisonment for six months.
except that 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
Around August 2018, the Defendant prepared a false complaint against B and C with the aim of having B and C receive criminal punishment, at a large office with which it is difficult to know the trade name in Goyangyang-si.
A written complaint states that "the defendant (B and C) did not have an intention or ability to pay the share acquisition price, and that the complainant (the defendant in this case) would transfer 50 million won of the shares of the D company to the complainant (the defendant in this case) on November 17, 2017, and that it received 250 million shares of the D company from the complainant and acquired 250 million shares of the D company." However, the defendant and C did not say that they would pay the shares acquisition price to the defendant. However, the defendant and C agreed to operate the D company operated in the same business by B, and the settlement of the balance of the borrowed amount that the defendant would pay to B is 35 million won."
Nevertheless, around August 30, 2018, the Defendant submitted the above written complaint to the public service center of the Goyang-gu's office of the Goyang-gu's 213 Goyang-si's office located in Goyang-gu, Goyang-si, Seoyang-gu, 2018, and rejected B and C.
Summary of Evidence
1. Defendant's legal statement;
1. Partial statement of the prosecutor's protocol of examination of the accused;
1. B and each police statement of the defendant;
1. Application of Acts and subordinate statutes to each complaint (including each accompanying document);
1. Article 156 of the Criminal Act applicable to the crimes;
1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act is an act that actively infringes on the criminal justice function of the state, and strict punishment is required in light of the fact that the defendant'sless investigation was conducted by B.
However, the defendant has no record of being sentenced to more severe punishment than fine, and both B and C have been prosecuted after the defendant's cancellation of complaint, and the complaint of this case is similar to the complaint of this case.