A defendant shall be punished by imprisonment for six 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

【Criminal Force】 On November 29, 2018, the Defendant was sentenced to two years of suspended sentence for a special injury by the Incheon District Court on August 29, 2018, and the said judgment became final and conclusive on December 7, 2018, and is currently under suspended sentence.

【Criminal Facts】 The Defendant was living together with B from May 2015 to September 2016 due to internal relations with B.

On January 2, 2018, according to the distribution of Seocho-gu Seoul Metropolitan Government, the defendant submitted a false complaint by mail in the name of the Seoul Central District Public Prosecutor's Office, which is located in 158.

The details of the written complaint submitted a written complaint to the effect that “Defendant B, who was employed by the Complainant on May 12, 2015, was using the company funds of KRW 231,370,000 over 80 times from July 3, 2015 to August 12, 2016, and stated to the same effect as the investigation of the Seoul Yongsan Police Station on February 12, 2018.”

However, there is no fact that the defendant actually operated the business, and there is no fact that the defendant employed B, and the defendant lent the passbook to the company bank in the name of the defendant to B who performed the import agency business, and only used it by B, and there was no fact that B used the company fund.

Accordingly, the defendant filed a false complaint with a public office for the purpose of having B criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Complaints and police statements of the accused;

1. Each fact-verification of D, E, and F;

1. Documents related to each civil procedure;

1. Before judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Article 156 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant under Article 62-2 of the Criminal Act of the community service order;