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.

Punishment of the crime

On February 17, 2012, the Defendant prepared a false complaint with respect to C at the public service center of the Gangseo Police Station located in 328-10, Seocheon-gu, Sucheon-si, 328-10.

The written complaint states that "C has decided to purchase one of three Twitlers owned by the Defendant, but it has been punished because it stolen the remaining two parts other than the above Twitlers," and that "C has concluded a sales contract with the Defendant and three Twitlers in accordance with the above sales contract, and there was no theft of Twitlers owned by the Defendant."

Nevertheless, the defendant submitted a written complaint to a police officer whose name is unknown at the above date, time, and place, with the aim of having C receive criminal punishment.

Summary of Evidence

1. Each legal statement of witness D, C, and E;

1. The defendant and the defense counsel asserted that even though the defendant and the defense counsel stated that they did not enter into a contract with C to sell the vehicle, they did not know that they did not actually entered into a contract with C, even though they did not know that they did not enter into a contract.

However, the following circumstances, which can be recognized by taking account of the aforementioned evidence, that is, the Defendant: (a) sold three bitlers to G’s employees located in the Defendant’s possession; (b) the Defendant: (c) notified the Defendant of the sales number of KRW 18 million offered through C by a middle and high-ranking trader E through the purchase price; and (d) received KRW 3 million of the down payment; (c) the remainder was paid after deducting an administrative fine, unpaid taxes, etc. imposed on bitler; and (d) the Defendant did not go through a vehicle parked in the surrounding area at late or late night.