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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] On August 18, 2015, the Defendant appealed from the Daejeon District Court Branch of the Daejeon District Court for a prison term of eight months and is currently pending in the trial.
[2] Around November 18, 2014, the Defendant filed a complaint with the competent branch office of the Cheongju District Public Prosecutor's Office, which is located in the Cheongju District Public Prosecutor's Office, stating, "A, who is the Defendant, has a claim for the construction cost of KRW 400 million, as if the complainant had no claim for the construction cost, despite the existence of a claim for the construction cost, and on June 1, 2012, the voice-gun court received an order for the payment of the construction cost before receiving the order for the payment of the construction cost, and on February 3, 2013, upon receiving the order for seizure and assignment of the claim against D against the complainant against the
However, the Defendant stated that the facts charged in the facts charged around March 15, 2009 are “as of March 15, 2015,” but according to evidence, it appears to be a clerical error in the “as of March 15, 2009,” and thus corrected.
It was known that C had a claim of KRW 400 million against the defendant with joint and several surety for the construction contract that D and C concluded with the company for KRW 400 million.
Nevertheless, the defendant submitted the above complaint to the person in charge who cannot know his name at the above date, time, and place.
As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C, E, and F;
1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;
1. Statement concerning C in the police and the suspect examination protocol by the prosecution;
1. Investigation report (the confirmation of whether the obligor for the payment order is served and the attachment report is not confirmed), copy of investigation report (the report on confirmation of the date of service of the decision on the seizure and assignment order), investigation report (the submission of reference document);
1. A copy of complaint, copy of judgment, original copy of payment order, copy of bond attachment and assignment order, copy of real estate register, copy of real estate register, copy of statement protocol, copy of loan certificate, copy of construction contract, and copy of joint and several guarantee for construction price;