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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
To the extent that the defendant's defense right is not disadvantaged, part of the facts charged was revised.
[Criminal Power] On July 14, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of false accusation in the Sungnam Branch of Suwon District Court, and completed the execution of the sentence on March 13, 2017.
【Criminal Facts】
The defendant was between 207 and 2008 and 2008 with B (name before name: C).
피고인은 2008. 9. 1.경 B으로부터 광주시 D 아파트 E호를 2억 8,000만 원에 매수하며 위 매수대금 중 1억 2,000만 원은 위 부동산에 설정된 1억 2,000만 원의 근저당권부 채무를 인수하는 방식으로 지급하기로 하고, 그 무렵 매도인 ‘C(B의 개명 전 이름)’, 매수인 ‘F(피고인의 딸)’, 매매대상 ‘경기도 광주시 D E호’, 매매대금 ‘貳億八阡萬(이억팔천만)원’, ‘G은행 융자금 일억이천만원은 매수자가 승계하기로 함’이라는 내용이 기재된 매매계약서를 중개인 H로 하여금 작성하게 한 후, 위 매매계약서의 매수인 ‘F’ 옆에 피고인의 무인을 날인하여 B에게 제공하였다.
Nevertheless, around August 2018, the Defendant, at the Defendant’s residence located in Songpa-gu Seoul Metropolitan Government, made a false complaint stating that “B, despite having promised to pay KRW 120,000,000,000,000 to the collateral security obligation established in the above apartment, failed to pay the said apartment, thereby deceiving the Defendant, and sold the said apartment to the Defendant at KRW 230,000,000,000,000, the Defendant forged a new sales contract to use KRW 280,000,000,000,000, and submitted it to the prosecutor’s office in the Sung-nam District Prosecutors’ Office in the Suwon District Prosecutors’ Office (K) and filed a false complaint with the police officer who could not know the name of the party police station around August 8, 2018 and August 14, 2018.”
Accordingly, the defendant is a public office for the purpose of having a criminal punishment imposed on B.