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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 17, 2010, the Defendant was sentenced to imprisonment of one year and six months at the Jeju District Court for fraud. On July 29, 2011, the Jeju Correctional Institution terminated the enforcement of the sentence. On November 15, 2013, the Jeju District Court sentenced one year and four months to embezzlement, and the judgment became final and conclusive on January 29, 2014.
around August 7, 2012, the Defendant prepared a false complaint with respect to C at the public service center of the Jeju Dong Police Station in Dong-do 2, Dong-do, Jeju, and submitted it to the police officer whose name is unknown.
The statement of the complaint was that “The complainant, who was the defendant, did not intend to arrange for a loan, would receive 200 million won from the bank on September 24, 201 and would have paid eight times from November 1, 201 to February 24, 201, the amount equivalent to 7.8 million won in the drinking-value as entertainment expenses for loan arrangement, and around November 14, 201, 6 million won in the form of loan fee, around November 25, 201, KRW 10 million in the same name as the loan fee, and KRW 8 million in the aggregate under the same name as on February 24, 2012, and punished 24 million in the form of punishment.”
However, there was no fact that C intended to arrange for a loan equivalent to KRW 200 million to the Defendant. In addition, the above drinking value of KRW 7.8 million was only for the Defendant’s drinking at entertainment tavern with C and D, and it was not for entertainment expenses. Moreover, C’s drinking at entertainment tavern together with the Defendant is limited to two times in total, and C did not have agreed to pay the drinking value. The amount borrowed from C on November 14, 201 was not paid as a loan intermediary fee to C, and the Defendant was not paid as a loan intermediary fee. On November 25, 2011, the Defendant paid KRW 10 million to C on the discount rate of KRW 20 million from C, and there was no fact that C paid to C on February 24, 2012.
Nevertheless, the defendant is C.