However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

[2013 Highest 189]

1. The Defendant entered into a contract with D, etc. to sell the land in Boh-si E via C, which is the Defendant’s possession of, KRW 137 million,00,000,000,000,000 for the remainder of the contract deposit and intermediate payment, and received the remainder of KRW 95,00,000,000 from the Agricultural Cooperative (F) in which the Defendant is using, and in fact, the Defendant actually consumed the balance, and there was no record that C, etc. arbitrarily consumed the said money by using the said account.

Nevertheless, on July 24, 2012, the Defendant prepared a complaint to the effect that “C and D shall be subject to criminal punishment, in collusion with C and D, and consumed at will upon transfer of KRW 45 million, which is the balance of the above land, to the Defendant’s said agricultural bank account, using C, etc. on November 5, 2007,” and continued to state C and D to the same effect on August 14, 2012.

2. In order to terminate the right to collateral security established on the land specified in Paragraph 1, the Defendant: (a) made D to purchase the land by subrogation; (b) made D to pay the said obligation on behalf of D; and (c) made D to the effect that D would pay the said obligation on behalf of D; and (d) D did not have forged it.

Nevertheless, on July 24, 2012, the Defendant issued a written complaint to the effect that “D borrowed KRW 25 million from D, on or around June 9, 2011, the Defendant submitted the above loan certificate to red support on or around October 7, 2011,” with the intent of having D subject to criminal punishment, and submitted it to the police station on August 14, 201 to the effect that “Around June 9, 2011, the Defendant submitted the above loan certificate to the effect that D borrowed KRW 25 million was used.” On August 14, 2012, the Defendant rejected D by making a statement to the same effect at the police station.

[2013 Highest 668] The Defendant sold land to the victim D and received the full payment of the purchase price in around 2007, but the victim did not pay the purchase price in full.