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

Punishment of the crime

On June 2013, the Defendant had the attorney-at-law in charge prepare a false statement about E using a computer at the law firm B office located in Nam-gu Incheon, Nam-gu, Incheon.

The written petition states that “The respondent E shall pay KRW 60 million to the respondent by August 2004 or around March 2013, 2013.” The written petition contains a forged statement of performance that “A, the respondent, will pay KRW 60 million to the respondent,” and attached the forged document, filed a civil lawsuit claiming a contract amount of KRW 60 million against A, the petitioner, around April 4, 2013, to which the document was forged, and thus, it is punished as a crime of forging private document.”

However, the facts are that the defendant prepared a letter of performance along with E, and there was no fact that he filed a civil suit based on the forged document.

Nevertheless, on June 17, 2013, the defendant had the employees of the above attorney-at-law office submit the above written petition to the public official in charge at the Incheon District Public Prosecutor's Office's Office's Office, located in 49, Nam-gu, Incheon, Incheon.

In this respect, the defendant committed a false accusation for the purpose of having E receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. A written petition;

1. A sales contract;

1. A statement of performance;

1. Application of statutes governing a certificate of personal seal impression;

1. Relevant Article of the Criminal Act; Articles 156, 34 (1) and 31 (1) of the Criminal Act; reasons for sentencing choice of imprisonment with prison labor;

1. Application of the sentencing criteria (determination of types) and general dismissal (Scope of recommending sentences) from six months to two years (basic area);

2. The crime without sentence is a crime that seriously infringes on the national legal interest, which is a proper exercise of the State’s trial function, and threatens the legal stability of the intent to avoid punishment. Nevertheless, the defendant denies and denies the crime by consistently making it difficult for him/her to understand, and is not against the law.