A defendant shall be punished by imprisonment for one year.

However, 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

1. On August 12, 2013, the Defendant: (a) as the representative director of C, the victim D, who was working for the said company from August 12, 2013 to December 2011, did not receive retirement allowance of KRW 27,99,550 from the Defendant; and (b) was willing to bring a civil lawsuit against the victim by forging a loan certificate under the name of the victim to the Seoul Regional Employment and Labor Agency in Seoul, Seoul, and to not pay a retirement allowance to the victim.

On May 29, 2014, the Defendant, using a computer located at C offices located in Eunpyeong-gu Seoul Metropolitan Government, borrowed the amount of KRW 10,00,000 on July 09, 200 to the said creditor, KRW 11,80,000 on July 10 of the same year, KRW 2,000,000 on December 12 of the same year, KRW 23,800,000 on December 12, 2004, and the period of return was December 12, 2004, stating that “the said debtor shall return to the creditor D, and the creditor creditor credit settlement council”, followed by the Defendant’s arbitrary possession of D seal.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the loan certificate in the name of D, a private document related to rights and obligations.

2. On July 28, 2014, the Defendant filed a lawsuit claiming a loan against the victim D at the public service center of the Seoul Western District Court in Mapo-gu Seoul Metropolitan Government, Mapo-gu, Seoul Metropolitan Government on the following grounds: (a) submitted a forged loan certificate to the public official in charge of knowing such forgery; (b) by deceiving the court; (c) attempted to obtain KRW 23,80,000 from the victim D by deceiving the court; (d) however, the Defendant did not go against the intent of actively responding to the order of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Copy of the loan certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a written complaint filed by a complainant);

1. Relevant Article 352 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 231 of the Criminal Act (the point of attempted fraud), and Article 231 of the Criminal Act concerning the crime;