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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant was a de facto marital relationship between C and about 15 years. Upon the termination of a de facto marital relationship on February 2016, the Defendant prepared a loan certificate to pay C KRW 30 million in the future. However, C was willing to file a civil suit against the Defendant and seize the Defendant’s vehicle, thereby evading this.
Around November 20, 2016, the Defendant: (a) prepared a false statement of complaint to the E judicial scrivener Office located in Yangcheon-gu Seoul Metropolitan Government, that “A, the Defendant, was able to live together with A, who was living together with the complainant, and, (b) the Defendant, by deceiving the complainant as a document necessary for termination, etc. of the insurance; (c) had the complainant enter the name and resident registration number of the complainant in blank; (d) stated the complainant’s name and signature in blank; and (e) stated the loan certificate, daily loan amount of KRW 30,000,000, and the above amount to be repaid until December 30, 2018; (d) forged one copy of the loan certificate in the manner of stating “I wish to repay by December 30, 2018; and (e) submitted it to the Incheon District Court as a document of lawsuit; and (e) obtained a favorable judgment by deceiving the court to receive KRW 30 million,000,000,00 for a fraudulent document.”
However, as above, on April 22, 2016, the Defendant promised C to pay KRW 30 million to C, and there was a fact that he/she prepared and delivered a loan certificate that he/she would pay it up to December 30, 2018.
On November 22, 2016, the Defendant submitted a written complaint to the Incheon Western Police Station located in Seo-gu Incheon Seo-ro 77, Seo-gu, Incheon, and expressed his/her wish to punish C.
In this respect, the defendant made a false accusation for the purpose of having C receive criminal punishment.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the prosecution (net 26);
1. Each protocol concerning the examination of suspect C by the police (the net time 18, 19);
1. Statement made by the police against the accused (net 5);
1. Application of Acts and subordinate statutes to a complaint and an appraisal report;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;