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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On January 6, 2014, the Defendant drafted a false complaint with respect to C, using a tampial pension located in 606 Sinsung-si, Gangwon-do, Gyeongsung-si, and a false complaint with respect to C.
A written complaint was that “C borrowed KRW 4,976,640 on November 24, 2008, but was temporarily locked without full repayment of the borrowed money until January 6, 2014.”
On January 6, 2014, the defendant submitted the above written complaint to a person in charge of civil-petition affairs in the name in the above police station.
Then, the Defendant stated that “A police officer in charge of the investigation of the above police station and the intelligence team office on November 24, 2008 agreed to pay C from the house located in the Gangnam-gun D, Gangwon-do, to pay C on November 20, 2009, and borrowed C from 4,976,640 won in cash on November 20, 2009, but did not pay C, at around 11:28 of the same day.”
However, in fact, the defendant lent 2 million won in cash to C on November 20, 2002, and on November 24, 2008, he did not lend 4,976,640 won from the defendant's house to C on November 24, 2008.
Nevertheless, on January 6, 2014, the defendant submitted a written complaint to the Crossing Police Station, and on the same day, the above police station stated it as above.
Accordingly, the defendant raised C without prison labor for the purpose of having criminal punishment imposed upon him.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;
1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;