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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles states that the issue of partition of co-owned property in the apartment building of this case can be resolved through the assistant director of the Prime Minister, who is the jurisdiction over the issue of partition of co-owned property in the apartment building of this case, and the defendant demanded money in the name of solicitation. The defendant paid 1 million won on May 8, 2007, 18,000 won on June 18, 2007, and 10 million won on June 18, 2007, respectively. After that, while the lawsuit for cancellation of the authorization for the establishment of the apartment building of this case was pending, C demanded additional 30 million won to deliver it to the land owner in order to ensure that the said lawsuit was won in the Supreme Court, and the defendant received a receipt by paying 30 million won as a check on May 201, the defendant did not file a false complaint.
B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.
2. Determination
A. Around December 6, 2013, the Defendant drafted a false complaint against C with a view to having C receive criminal punishment.
A written complaint stating that "A, who is the defendant, made a solicitation to an assistant officer working for the Prime Minister on May 2007, 200 in relation to the division of a marina building in Gangdong-gu Seoul Metropolitan Government D apartment complex, and punished for violating the Attorney-at-Law Act by receiving KRW 30 million from the complainant on May 201, 201." There was no fact that C received KRW 30 million from the defendant, and around that time, C did not receive KRW 10 million from the former shop owner, and C received litigation costs necessary for the revocation of the authorization for the establishment of a reconstruction association from E, the former shop owner, and received KRW 10 million from the defendant to request the defendant to do so.
Nevertheless, the defendant is the Seoul Dong-dong District Prosecutors' Office in Gwangjin-gu, Seoul around 16:00 on December 6, 2013.