(영문) 부산지방법원 2015.06.18 2015고단2274



A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On April 2012, the Defendant received a proposal from pro-Japanese to the effect that “When the Defendant lends his/her name to E Co., Ltd. operated by D as a representative director and makes the Defendant enter his/her name as a representative director, he/she would give a loan in the name of the Defendant, he/she would give a KRW 10 million in consideration thereof.” The Defendant accepted the proposal, and received KRW 10 million in consideration of the issuance of the Defendant’

Since then, the Defendant did not incur any damage to the Defendant by repaying the loans borrowed from the Mine Credit Union in full in the name of the Defendant. However, as corporate tax, etc. imposed on E Co., Ltd. on the Defendant and received demands for payment, the Defendant did not pay C and D with intent to resolve tax issues.

On December 2, 2014, the Defendant submitted a complaint stating that “C and D conspired to obtain a loan,” and that “C and D conspired to obtain a certificate of seal impression and a certificate of seal impression, etc., and then arbitrarily prepare documents necessary to register the complainant as the representative director of E company and then use it.”

However, as above, the defendant gave C and D consent to registering the defendant as the representative director of the E company.

As a result, the Defendant reported false facts to the public officials for the purpose of having C and D punished criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of the defendant;

1. A complaint;

1. A certificate and a written acceptance of appointment;

1. Application of Acts and subordinate statutes in form of loan application;

1. Article 156 of the Criminal Act applicable to the crimes;

1. Articles 157 and 153 of the Criminal Act for mitigation of confessions;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] Type 1 (General Dismissal) (Article 62(1) (Article 62(1)) (Article 62(1)) (Article 62(1) of the Criminal Act.