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

However, the enforcement of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 30, 2015, the Defendant was aware of it at the public service center of the Busan Southern Police Station.

A written complaint against C was prepared and submitted.

The content was that “(A) did not receive money, and C took money from a police officer in the middle of December 2014, 2014, which stolen approximately KRW 30 million by using money in his/her passbook, and thus punished.”

On the same day, the Defendant continued to conduct a supplementary investigation by the police station on the same day, and “the Defendant was informed of it.”

C made a statement to the effect that the account password was filled up to C, and C, on November 28, 2014, stated to the effect that “The amount was KRW 3 million in love, KRW 200,000,000 from the wellcom Savings Bank on December 2, 2014, KRW 300,000,000 from mountain and loan, and KRW 3 million from the loan on December 16, 2014, and was arbitrarily withdrawn and stolen, and thus punished.”

However, in fact, all the passbooks, seals, cash cards, etc. of the above account were used by the defendant in direct management and custody, and the above three loans were received directly by the defendant, and since each loan was withdrawn by the defendant directly through cash withdrawal, C did not have any fact that it received future loans under the name of the defendant or arbitrarily withdrawn and used the money.

Nevertheless, the Defendant filed a false complaint against C with the intent to not pay the above loans, thereby making C free of charge.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against the defendant;

1. Statement made by the police against the defendant;

1. Application of Acts and subordinate statutes, such as a report on investigation (Attachment ofCCTV Image Data), a complaint, and a statement of accounts;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] Article 62(1) of the Criminal Act provides that there is no basic area (six months to two years) [the person who is subject to special sentencing] [the decision of sentencing] (the decision of sentencing] unfavorable circumstances: the offense of false dismissal.