2018Nodu52(a)

(b)an accusation;

1. (a) A (67 - 1), and non-permanent,

2.(b) B (61 - 1), self-employed

Kim Jong-hee (Lawsuits) and Manman (Trial)

Attorney Jeong-nam (National Ship for all of the Defendant)

February 22, 2018

Defendant A shall be punished by imprisonment with labor for six months, and Defendant B shall be punished by imprisonment with labor for five months.

However, the execution of each of the above punishment against the defendants shall be suspended for one year from the date this judgment became final and conclusive.

To order Defendant B to provide community service for 80 hours.

Facts of crime

【Criminal Records】

Defendant A was sentenced to eight months of imprisonment with prison labor for the crime of conflict at the Incheon District Court on March 30, 2017, and the judgment became final and conclusive on November 28, 2017.

【Criminal Facts】

1. Defendant A

From July 21, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of extortion at the Incheon District Court on March 30, 2017, as a person who was confined to the Incheon Detention House located in Nam-gu Incheon Metropolitan City from around July 21, 2016 to the date, and the judgment became final and conclusive on November 28, 2017.

On July 2017, the Defendant anticipated that the above judgment will be transferred to another correctional institution after the judgment becomes final and conclusive. On the other hand, the Defendant had been living in the same room as the Seoul Eastern Detention House, and requested B who became aware of it, and had been asked by B to have him file a false complaint with the Seoul Northern Northern District Prosecutors' Office near the residence of the Defendant in the Seongbuk-gu Seoul Seongbukdong, Seoul, to the Seoul Northern District Prosecutors' Office.

On July 18, 2017, at the Incheon Detention House room, the Defendant made the case to “B,” and requested the Seoul Northern District Prosecutors’ Office to file a complaint against B. It must be removed. The Defendant requested to “B,” prepared a letter of non-performance to be submitted at the time of filing a complaint against the fraud case at the Incheon Detention House, and issued it to B via the wife, and had B receive a false complaint against the Defendant to the investigation agency.

B, on August 2017, 2017, at the office of the administrative agent located in front of Dongdaemun-gu Seoul Cheongyangdong, Dongdaemun-gu, Seoul, “A, the defendant at the defendant's office, was lent KRW 10 million to the defendant's wife at the time of repayment by the end of December 2016, 2016, and made up a letter of default. As such, B still did not pay the above KRW 10 million, the defendant's office would be punished as fraud; and the defendant's office prepared a letter of complaint to be punished as fraud; around August 16, 2017, the defendant's office received the above letter of complaint by mail to the Seoul Northern District Public Prosecutor's Office located in Dobong-dong, Dobong-gu, Seoul.

However, there was no fact that the Defendant borrowed KRW 10 million from the Defendant’s wife in terms of the cost of singing repair operated by the Defendant’s wife.

As above, the Defendant instigated B to report false facts in a public service lawsuit with intent to have the Defendant subject to criminal punishment.

2. Defendant B

Pursuant to A’s teacher’s teacher, the Defendant: (a) at the office of the administrative agency in front of C on August 2017, 2017, “A, the Defendant, who is the Defendant, has lent KRW 10 million to B, the Defendant’s wife, with the cost of singing room repair run by the Defendant’s wife, and written a non-performance note; (b) so, the Defendant still did not repay the above KRW 10 million; (c) the Defendant would be punished as fraud; and (d) the Defendant prepared a written complaint to be punished as fraud; and (e) around August 16, 2017, received the above complaint by mail to the Seoul Northern District Prosecutor’s Office.

However, the defendant did not lend the amount of KRW 10 million to A with the cost of singing repair operated by A.

Accordingly, the defendant raised false information to public offices for the purpose of having A receive criminal punishment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A complaint;

1. Preparation and report of recording records;

1. Previous records of judgment: Criminal records and other criminal records, and investigation reports;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendants: Article 156 of the Criminal Act (in addition to Article 31(1) of the Criminal Act against Defendant A), the choice of imprisonment

1. Mitigation of confession;

Defendants: Articles 157, 153, and 55(1)3 of the Criminal Act

1. Handling concurrent crimes;

Defendant A: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Social service order;

Defendant B: Article 62-2 of the Criminal Act

Reasons for sentencing

【Scope of Recommendations】 In general, (Type 1); 【Special Mitigation Area】 - One year; Defendant A is ex post facto concurrent crimes; thus, Non-Application of Sentencing Criteria】

○ Special mitigationist: A confession in a case where the consent is given to avoid a crime;

【The motive for committing a crime that gets off, and the waste of investigation power, and the scambling between them, are disadvantageous circumstances. In particular, in the case of Defendant A, who has planned one’s own scam from among the houses, the degree of edification may be increased or scambling up until it is a sound social person.

However, the proportion of the mitigated and ex post concurrent crimes, and the support relationship dependent on the Defendants are considered to be suitable for careful treatment in society only once.

Judge fixed number of judges -