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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 28, 2016, the Defendant registered the land of Gyeonggi-gun C, etc. in his/her own name upon the request of the Plaintiff to lend the name of the registration from the third party village B.
B around December 16, 2016, the Defendant borrowed KRW 300 million from D and set up a mortgage on the said land as a security for the said land. On the other hand, the Defendant directly affixed his seal impression in the column of “a person who has set up a mortgage and the debtor” of a written agreement for the establishment of a mortgage.
However, D tried to enforce compulsory execution with the order of seizure and collection against the person who created the right to collateral security and the defendant of the person who created the right to collateral security, as D did not receive a distribution at a later time than the final date of demand for distribution in the voluntary auction procedure for the land above.
Accordingly, the Defendant requested B to resolve the problem, but did not resolve the dispute, and B forged a mortgage creation agreement.
Deciding to file a false complaint.
On February 2, 2018, the Defendant prepared a letter of complaint to the effect that “The Defendant Nonparty shall borrow money from the outside of the instant case and prepare a certificate of borrowing in the name of the complainant without the consent of the complainant, and submit it to the registry, thereby creating a right to collateral security against D,” in the law firm F, which is located in Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoul, Seoul, to the effect that “The Defendant would
9. Around March 2018, the Chuncheon Police Station submitted a supplementary written argument to the effect that “a private document forged and exercised among the contents of the written complaint shall be changed from the receipt of the loan to the agreement on the establishment of the right to collateral security” was submitted to the same police station.
As a result, the defendant reported false facts to public offices for the purpose of having a criminal punishment imposed upon B.
Summary of Evidence
1. Statement by the defendant in court;
1. Complaints of the accused;
1. Copy of a copy of the register, details of the progress of each civil procedure (3, 5, 7). G dialogue, record, record, power of attorney, copy of a contract for establishment of a right to collateral security, copy of each supplementary statement of the complaint (9, 9, 7).