Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 30, 2015, the Defendant filed a complaint with the public service center of the Busan Dong-dong Police Station in Busan Dong-dong, Busan, stating that “Defendant C embezzled the down payment of real estate deposit in KRW 3 million.”

After the submission of the above complaint, on April 30, 2015, the defendant was investigated by the above Busan Dong Police Station, and on August 25, 2015, the defendant stated to the effect that "the defendant C, the defendant, as a broker for a contract to sell D's building and land owned by the defendant, to E, the purchaser of the building and land located in Busan Seo-gu, Busan, which received five million won of the down payment of the above sales contract, and he embezzled the remainder of three million won, and thus punished."

However, on August 25, 2012, the Defendant entered into a contract with the above F to sell the “building and land located in Busan Seo-gu D” owned by the Defendant for the purchase price of KRW 130 million, and received KRW 5 million from the above F as the down payment on the same day.

Nevertheless, on December 30, 2014, the defendant filed a lawsuit claiming the return of the down payment from the above F, and became final and conclusive as a judgment against the defendant by the Busan District Court on December 30, 2014, the defendant alleged that there was no amount of three million won out of the down payment, and filed a false complaint with the above C for the purpose of being subject to criminal punishment by submitting the above false statement to the broker support.

Summary of Evidence

1. Witness F and each legal testimony of C;

1. Statement of the defendant's complaint and statement (No. 1, 2)

1. Protocol concerning the interrogation of suspect C;

1. A copy of the statement made to F (No. 22 once a year);

1. Application of Acts and subordinate statutes to a real estate sale contract and written confirmation for cancellation;

1. Article 156 of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. In consideration of the fact that the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the accused has no particular criminal history, the elderly, and the fact that the details of the complaint are not serious, a fine shall be imposed.