Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【The Defendant, on December 16, 2009, entered into an agreement between C and C on December 16, 2009, stating that “The Defendant would pay C a deposit of KRW 2 million, and collect and sell the scrap metal discharged from (ju) E operated by C in Haju-si, and then would bring 3 and 40 drums to collect and sell the scrap metal in the above E.
C, while having the Defendant collect scrap metal in accordance with the above agreement, around October 30, 2015, it did not contact with the Defendant, but entered into a new contract for collection of scrap metal with F that would not collect scrap metal. Three scrap bars brought the Defendant to E were stored in F Management G, and 40 scrap boxes were kept in the drum.
After becoming aware that C entered into a new contract for collecting scrap metal between F and F, the Defendant began to request C to return KRW 2 million deposit.
【Criminal fact-finding on February 24, 2016, the Defendant prepared a false complaint with respect to the above C and F at the general public service offices of the Chuncheon District Public Prosecutor’s Office, which are located in 139 as the viewing of the original city, around 18:00.
The complaint states that “The defendant C and F conspired to collect scrap metal by the complainant A, the complainant, and the defendant C and F, to arbitrarily dispose of three iron boxes and 40 drums in a different place.” The above C and F did not have disposed of the said iron boxes and drums in a different place. The defendant also knew that F and C were kept in custody of the said drums, respectively.
Nevertheless, on February 24, 2016, the defendant submitted a written complaint to an employee who is unable to know his/her name at the general public service center of the Chuncheon District Public Prosecutor's Office.
Accordingly, the defendant raised C and F with the aim of having C and F punished criminal punishment.