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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On September 27, 2012, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on December 13 of the same year.
【Criminal Facts】
Around June 4, 2007, the Defendant received KRW 40 million in total from D with the purport that “E, the representative director of which is located in the Republic of Korea, was newly constructed on and outside two parcels of land from August 2007, 2007, and that “E would be able to carry out the construction of an apartment, but would be able to carry out the operation of a brin restaurant and the construction of a crin.”
However, around October 2007, G (ju) as the contractor of the above construction, stated that D shall return money to the defendant around December 22, 2007, and the defendant stated in the indictment of this case as " around December 2, 2007," but it is obvious that it is a clerical error in the records " around December 22, 2007," and thus, it is correct ex officio.
At the later time, the corporation prepared and implemented a "performance note" to the effect that C will have the right to operate the restaurant by starting the construction up to February 20, 2008 and allowing C to operate the restaurant.
However, when the Defendant was sentenced to a criminal charge by D as a result of failure to comply with the above agreement, and was sentenced to a criminal charge by D, the Defendant, at the same time, submitted D with the intent to avoid his/her criminal charge, and submitted D with the intent to have D punished criminal punishment, to an investigation agency by forging the above agreement and the performance note, and had the Defendant make a false criminal charge as if he/she
On September 17, 2012, the Defendant submitted to the Seoul Guro Police Station a written complaint to the effect that D had forged and exercised the above “on-site consignment agreement” and “performance note”, and submitted a written complaint to the same police station on November 12, 2012 that D was not guilty of fraud.