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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around November 9, 2012, the Defendant issued three copies of a promissory note with a face value of KRW 120 million, KRW 250 million, KRW 238,324,842, and issued four copies of a certificate of personal seal impression in the name of the Defendant to the effect that, around November 12, 2012, the Defendant would receive a request for the authentication of a promissory note from B on behalf of the person who received a request for the authentication of a promissory note from B, and on the same day, B prepared three copies of a certificate of personal seal impression in the name of the Defendant to the effect that, using the above certificate of personal seal impression, “B designates B as the agent of the Defendant, and if the payment of the amount of a promissory note is overdue, there is no objection to compulsory execution” and three copies of a notarized deed with respect to the preparation of a authentic deed, respectively.
Since then, B transferred the Notarial Deed of Promissory Notes KRW 238,324,842 at face value to C, a creditor, and C created a collateral on the Defendant’s factory based on the Notarial Deed of Promissory Notes, but around June 2013, the Defendant applied for an auction on the said factory. Accordingly, the Defendant filed a complaint with the purport that he did not permit the preparation of the Notarial Deed of Promissory Notes, thereby obstructing the progress of auction.
Thus, on July 12, 2013, the Defendant filed a complaint with the public service center of the Yeongdeungpo-dong Police Station located in the wife population D, and filed a complaint with the purport that “B issued three promissory notes and a certificate of seal impression to the extent that it is necessary for business operations, and forged a letter of proxy in its name, and transferred a certificate of promissory notes with the said power of attorney to C,” with the intent of having B receive criminal punishment.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect B by the prosecution;
1. A complaint;
1. Each notarial deed;