A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 15, 2012, the Defendant entered into a sales contract for the right to sell commercial buildings on the condition that D, a building-sale company (State), and B, B, B, B, and 115 (hereinafter “instant real property”), with respect to the purchase price of KRW 650 million, out of KRW 850 million, shall be paid, and the down payment of KRW 200 million shall be deferred for a period of 24 months from the date of transfer of ownership; however, the Defendant entered into a sales contract for the right to sell commercial buildings on the condition that D, a creditor of D, shall pay the collateral security and interest of 6% per annum; on April 4, 2012, the Defendant transferred the registration of the transfer of ownership of the instant real property under the name of the Defendant.

Accordingly, around April 21, 2012, the Defendant issued a letter of seal impression in the name of the Defendant to G, the secretary of F judicial scrivener office at the above B office, to set up the right to collateral security of KRW 200,000,000, to the creditor E and the maximum amount of the credit, and affixed a seal on the power of attorney on the establishment of collateral security. On April 26, 2012, the registration of establishment of collateral security was completed.

Nevertheless, on May 26, 2015, the Defendant failed to pay E a proper interest rate of 6% per annum agreed as above, and caused D and E to set up a right to collateral security without the Defendant’s consent by forging the power of attorney on the establishment of the right to collateral security in order to delay the auction process.

It had been argued that false accusation was made.

On December 2, 2015, the Defendant conspiredd with D with the International Attorney Office in Seo-gu, Daejeon, Daejeon, with “D”, prepared a power of representation for the establishment of the right to collateral security without the consent of the complainant, and set up a maximum amount of KRW 200 million for the creditor of the claim to E with “D” without the consent of the complainant, using the certificate of personal seal issued by D for the transfer of ownership.

“After preparing a written complaint to the effect that “the name of the Daejeon District Public Prosecutor’s Office at Daejeon District Public Prosecutor’s Office at No. 78, Seo-dong, Seo-gu, Daejeon, Daejeon, on December 23, 2015, was not known.”