A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 14, 2016, the Defendant drafted a false complaint against D at the C office located in Eunpyeong-gu Seoul Metropolitan Government, Seoul.

The complaint was the content that "the defendant's tenant forged the seal of the president C and forged the private document, such as preparing a sub-lease contract under the name of C president, and used it."

However, in fact, D did not forge the seal of C president or forge the building sub-lease contract, D prepared a sub-lease contract in consultation with the defendant, and the defendant directly affixed the seal of C president on the above contract.

Nevertheless, on July 14, 2016, the defendant submitted the above written complaint to an employee who is not aware of his name at the Seoul Central District Public Prosecutor's Office located in Seocho-gu Seoul Metropolitan Government.

In this respect, the defendant made D's accusation for the purpose of having D receive criminal punishment.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the prosecution or the examination of suspect of the police concerning D;

1. Court rulings of the first instance and documents submitted by defendants related to civil procedure;

1. Each criminal judgment document (Seoul Western District Court Decision 2015Da373, 973, 2015 Western District Court Decision 2015No1507, 1024, 2016Do1024, Seoul Western District Court 2015, 542) / [the Defendant is changing to the purport that the lower court did not file a false complaint because it forged a sub-lease contract on the building that was written in the facts constituting a crime.]

However, the following circumstances are acknowledged based on the evidence duly admitted and investigated.

First, D prepared a lease contract in consultation with the defendant for the purpose of conducting in-service training for new E by registering a business operator with entry in C, and the defendant affixed a seal to the said sub-lease contract.

There are consistent statements and credibility in light of the purpose of preparation, etc.

Second, from the perspective of the land, it seems that the stamp image of the above building sub-lease contract is the same as the stamp image of the C Chairperson used by the defendant.