A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 14, 2014, the Defendant submitted a written petition to E to the Incheon Southern Police Station located in the 32-ro, Nam-gu, Incheon, Nam-gu, Incheon, Seoul, and on the same day, the Defendant made a statement to the reductionF belonging to the above police station in charge of the said case.

Comprehensively taking account of the respective contents of the petition and the suspect’s additional statement, the purport of the petition was “E” that “E stores the above vehicle under the pretext of selling ISM5 passenger cars to the suspect at H around July 2014 (hereinafter “the instant vehicle”) and conducting an inspection of the vehicle, and then embling it to another person.” However, the Defendant purchased the instant vehicle from E and delivered the said vehicle to J as security and borrowed the said vehicle amounting to four million won, but the Defendant made the aforementioned false statement.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E andJ;

1. The statement by the police against the petitioner and the defendant (the part concerning the statement by the police on October 14, 2014 at the end of the year);

1. A protocol of suspect interrogation of the police against the accused (the net time97, 98);

1. Statement made to K in the police statement;

1. A motor vehicle transfer certificate;

1. Application of mid- and high-ranking Written Application, High and High-speed Written Agreement, Motor Vehicle Registration Register and Motor Vehicle Registration Law

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding community service order

1. The alleged defendant only filed a petition to find a vehicle and had no intention to have E subject to criminal punishment.

2. Determination

A. In the crime of false accusation, “for the purpose of having a criminal or disciplinary punishment imposed” means a criminal or criminal punishment imposed upon another person by filing a false report.