Text
The punishment of the accused shall be determined by a year of imprisonment.
, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.
Reasons
Punishment of the crime
On April 20, 2017, at the defendant's house located in Yeongdeungpo-gu Seoul Metropolitan Government and 215 Dong 1303, the defendant prepared a false complaint against D using a computer.
The criminal complaint is a case where “Defendant D, the representative director of the E Co., Ltd., has embezzled public funds of the company, such as disbursing attorney’s fees, etc. to be paid for personal litigation cases with the funds of the above company, and thus punished.” In fact, the defendant, among the cases indicated in the above complaint, has been the defendant as the above company as the party of the case, and the defendant was the joint defendant in India. The Jeonju District Court 2016Ga group 22037 of the Jeonju District Court 2016 was the defendant as the above company as the defendant, and there was no fact that the attorney’s expenses, etc. should be paid from the above company as a case concerning the above company other than the case of D, such as the fact that the defendant directly testified in the court as a witness. In fact, D had not embezzled the attorney’s expenses, etc. with the funds of the above company.
Nevertheless, on April 25, 2017, the Defendant submitted and received a written complaint to a civil petitioner who is unable to know his/her name at the public service center of the former branch office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the public prosecutor's office of the former
In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to D;
1. Recording notes, text of judgment, etc.;
1. Application of Acts and subordinate statutes to the accusation (No. 1 time a month);
1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommended punishment) is six months to two years.