A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 2013, the defendant had D Lawyers who are not aware of the circumstances at the 3rd floor of Jongno-gu Seoul Metropolitan Government Office of Law, prepare a false complaint using a computer.

A written complaint is that “The complainant, around June 2012, delegated only an application for provisional attachment against F-owned real estate by E, a defendant, to E-at-law, the defendant, and did not delegate his/her authority to cancel provisional attachment. However, E in collusion with F and E’s office G, the defendant, in violation of his/her occupational duties, caused damage to the complainant by arbitrarily releasing provisional attachment on June 27, 2012 and around June 28, 2012, thereby causing damage to KRW 1.6 billion.”

However, on June 22, 2012, the Defendant prepared a letter of commitment performance to cancel provisional attachment as of June 25, 2012 with respect to part of the real estate that was provisionally seized to F in an unsound place, and on June 27, 2012, the interest accrued until September 4, 2012 when a promissory note certificate was issued from F was delivered from F, the Defendant agreed to pay the principal by December 30, 2012, and delegated it to E.

Nevertheless, at around 11:00 on March 7, 2013, the defendant requested the public prosecutor's office of the Chuncheon District Public Prosecutor's Office to submit and receive the above complaint to the public prosecutor's office who is not aware of the circumstances.

As a result, the defendant was dismissed for the purpose of having F, E, and G receive criminal punishment.

Summary of Evidence

Defendant’s legal statement

Witness

G, E, and F each legal statement

1. Application of Acts and subordinate statutes to supplementary documents of written complaint, written statement of full certificate of registered matters;

1. Article 156 of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for statutory mitigation;

1. The Criminal Act, the suspension of execution;