A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant and B were friendly-gu, and the Defendant received a loan of KRW 3 million from C (State) around February 28, 2013 at the request of the joint and several guarantor from B and consented thereto. However, the Defendant was willing to file a false complaint against B in order to avoid the repayment of loan obligations.

On June 13, 2017, the Defendant filed a complaint with the public service center of the Seo-gu Seoul Metropolitan Government Police Station stating that “Around 263, the Defendant had received a loan from Defendant C (State) using a certified color pen, and there is no agreement with the joint guarantor of the above loan, and even though the Defendant did not prepare a loan transaction guarantee contract, the Defendant prepared a loan transaction guarantee contract without B’s consent, and submitted B and obtained a loan as a joint guarantor, which would be punished by fraud, forgery of private documents, or use of the above investigation document.”

However, on February 28, 2013, the Defendant agreed to become a joint guarantor upon the request of B around February 28, 2013. On the same day, the Defendant agreed to become a joint guarantor for B’s loan while making telephone conversations with employees in the name of the State C (State). On March 7, 2013, B agreed to prepare a loan transaction guarantee contract on behalf of the Defendant and submit it to C (State). As such, the said loan transaction guarantee contract was not prepared and forged without authority by B.

Nevertheless, around June 13, 2017, the Defendant submitted the above complaint to an employee who is unable to know the name in the public service center of the Seoul Metropolitan Police Station, Seoul Metropolitan Government, and made a statement to the same effect on the same day.

In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. The defendant;