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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 2017, the Defendant requested a law firm B located in Seocho-gu Seoul, Seoul, to prepare a false complaint against C and D for the purpose of having C and D punished criminal punishment.
The contents of the complaint are as follows: “The complainant borrowed KRW 100 million to C on June 24, 2016, and delivered the complainant’s share transfer certificate and seal impression certificate and other E share transfer certificate to C; the complainant’s seal impression was affixed to the complainant’s share transfer certificate issued by the complainant to C; the complainant’s seal impression was discarded; the complainant’s seal impression issued by the complainant to C; the complainant’s personal seal impression issued by the complainant to C was forged by forging’s private person following the transferor’s name in the form of a certificate of transfer of shares without a seal or private person; and C, the wife of C, along with the above forged share transfer certificate against F on February 20, 2017, and a forged private document in a lawsuit seeking confirmation of issuance of new shares filed on February 22, 2017.”
However, the facts are as follows: (a) the Defendant personally signed the “A” in the transferor column of the certificate of transfer of shares; and (b) C did not forge the certificate of transfer of shares by signing of the Defendant; or (c) did not use the certificate of transfer of shares forged by D.
Nevertheless, on May 19, 2017, the Defendant submitted the above complaint (hereinafter “the complaint of this case”) to an employee who is unable to know his name at the Seoul Western District Public Prosecutor’s Office’s Office in Mapo-gu, Seoul.
Accordingly, the defendant reported false facts to public offices for the purpose of having C and D punished criminal punishment.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. A protocol concerning suspect interrogation of C by the prosecution;
1. A protocol concerning the interrogation of each police suspect with regard to C;
1. The police in relation to G.