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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On October 17, 2016, the Defendant purchased 45 lots of land outside D and six parcels of land in Ulsan Metropolitan City around April 2013, and recommended that he/she make an investment in the development project, and remitted 150 million won to a new bank account under the name of another person who is not C under the name of another person as he/she is making an investment in the development project, and on January 17, 2016, the Defendant would make an investment in the apartment development project for the land of Ulsan Metropolitan City, Chungcheongnam-si, Seoul Metropolitan Government, which was located in 45 under the law of Ulsan Metropolitan City.
Around October 28, 2016, the Seoul Central Police Station made a statement to the effect that “C was subject to fraud because it was transferred KRW 75 million to the Saemaul Treasury account under the name of C for investment deposit,” and that “C was subject to fraud on June 15, 2017 because it was not paid with the rate of investment made to C as above, even though it was invested,” which was written to the effect that “A was punished for fraud.”
However, the facts are as follows: (a) C was invested by the Defendant in aggregate in relation to the land D and E as above; or (b) there was no fact that the Defendant belongs to the Defendant; (c) the investment agreement and the loan certificate submitted by the Defendant attached to the complaint was merely written by the Defendant upon the request of C in order to show the creditors’ repayment demand; and (d) the Defendant was also aware that it was false.
Accordingly, the defendant reported false facts to public offices for the purpose of having C receive criminal punishment.
2. An offender is well aware of the fact that C is being investigated in a fraudulent case corresponding to a fine or heavier punishment as seen above, and upon C’s being aware of having refused to comply with the request of a police officer in charge to attend several times and having been issued a warrant of arrest, C does not play a role in delaying its obligations to its creditors if C is arrested and detained.