A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On March 6, 2017, the Defendant prepared a false complaint against C with the aim of having C criminal punishment, at a certified judicial scrivener office where it is impossible to know the trade name near Ulsan District Court located in Ulsan District Court.

A written complaint states, “The defendant C, as a general manager of the friendship group D elementary school C, did not hand over the duty of friendship group to the complainant on or before June 2013, and thus punished for arbitrarily taking advantage of the amount of KRW 1,997,000.” The defendant was transferred the duty of friendship group C and received KRW 1,97,000 directly from the friendship group at the time, so C did not have embezzled the said money.

Nevertheless, on March 7, 2017, the defendant submitted the above complaint to the employee in charge of receipt who is not able to know his name in the Ulsan District Public Prosecutor's Office located in Ulsan District Public Prosecutor's Office, Ulsan District Public Prosecutor's Office.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against the defendant;

1. Written complaint, each statement of withdrawal, each written confirmation, two copies of a list, account statement, account books, and each examination;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the reasons for sentencing] / [the person who has a special sentencing] - the confession [the scope of the recommended sentence] mitigated area / [the scope of the recommended sentence] 1 month to 1 year / [the person who has a general sentencing] - there is no record of any reflective criminal punishment that is serious for mitigation elements / [the main reason for suspended sentence] - there is no record of criminal punishment that is obvious for a significant affirmative appearance (the decision of suspended sentence] along with the aforementioned sentencing elements / [the decision of sentenced sentence], the motive, motive, means and consequence of the crime, the circumstances after the crime, the defendant's age, sexual behavior and environment, etc., as mentioned above, various kinds of sentencing