The punishment of the accused shall be eight months by imprisonment.

Punishment of the crime

[criminal power] On April 28, 201, the Defendant was sentenced to a suspended sentence of two years and six months for fraud, etc. at the Seoul Northern District Court on May 13, 201, which became final and conclusive on May 13, 2011, and was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act at the Seoul High Court on April 26, 2013, which was under the suspended sentence, and the suspended sentence was invalidated and executed. On April 17, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud from inside and outside of the Suwon District Court on November 19, 201, and completed the execution of the final sentence at the government prison on November 19, 2016.

【Criminal Facts】

On January 30, 2013, the Defendant, who had been in internal relations with B, was sentenced to one year of imprisonment with prison labor for violating the Road Traffic Act at the Incheon District Court, and was detained by law, appointed a lawyer upon request from B. However, on April 26, 2013, when it was impossible to release B by being sentenced to six months of imprisonment with prison labor at the Seoul High Court on April 26, 2013, the Defendant was willing to file a complaint with B by believing that B embezzled or stolen money as a counsel fee without any justifiable reason.

On November 8, 2017, at the office of a certified judicial scrivener located in Jung-si, the Defendant: (a) prepared a written complaint stating that “A person who is the Defendant Party B returned 30 million won out of the attorney fee of the complainant B, who is the Defendant, instead of the complainant, but used it for personal purposes; (b) obtained money from the Defendant under the name of the attorney fee, by deceiving the complainant who was detained and released the complainant; and (c) submitted the written complaint to the public service center of the Seoul Gangseo-gu Police Station on the 10th day of the same month.”

However, in fact, B only has appointed a lawyer or used the defendant's living expenses by receiving the money from the defendant upon the request of the defendant, and there was no way to receive the money by deceiving the defendant to use the refund for the attorney's fee kept for the defendant at will or by releasing the defendant.