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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 14, 2013, the Defendant, at the Seoul Northern District Court (Seoul Northern District Court) declared that “The Defendant would pay KRW 22.8 million for electrical materials to C by December 31, 2013.” However, the Defendant did not pay for the said materials. On August 1, 2014, the Defendant submitted to the Seoul Southern Northern Police Station a petition stating that D who operates the said Company C would receive the price for the electrical materials, but would not constitute fraud in light of continuous transactional relationship, etc., after hearing the petition that it is difficult to establish fraud in light of continuous transactional relationship, etc., the Defendant withdrawn the petition on November 201, 201, and submitted a false petition to avoid the payment of the said electrical materials.”
Around April 4, 2017, the Defendant filed a complaint with the public service center of the Seoul Northern Police Station located in Gangnam-gu Seoul Metropolitan City, Gangnam-gu, Seoul, 406, stating that “The fact was that D received all the price of the electrical materials from the Defendant, but D did not receive the price of the electrical materials from the Defendant,” and submitted to the public service center of the Gangnam Police Station of Gangnam-gu, 2014, a written petition to the effect that “hickhh caused the Defendant to be punished as the law,” and that “hickhhh caused the Defendant to be punished as the law.”
However, in fact, the Defendant had remaining the price for the electric materials to be paid to D, and thus, the above D did not mislead the Defendant.
As a result, the defendant raised D without any criminal punishment for the purpose of having D receive criminal punishment.
Summary of Evidence
1. Statement of the witness D and E in the third public trial protocol;
1. Statement made by the witness F in the fourth public trial record;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of suspects of D by each prosecution;
1. Statement made by the prosecution against the defendant;
1. Investigation report (report on attachment of details of transactions in the G Construction Account) and account transactions;
1. A complaint filed by the defendant, a protocol, etc. of mediation of the Seoul Northern District Court and a subcontract agreement, etc.