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 December 3, 2010, the defendant prepared a false complaint against D at the defendant's house located in Gangseo-gu Seoul Apartment-gun, Gangwon-do, 202, Dong-dong 202.

A complaint was filed with the purport that, “A’s seal held by the Defendant D, on June 15, 2007, after the name A, address H, resident number, contact number, and agent A’s personal information was written in the column for the location where the real estate subject to transaction in the proxy form for real estate sales contract, printed by the official stamp in advance by using the official stamp at a place unknown to him/her, and then affixed A’s name on June 15, 2007, and then forged the A’s letter of proxy contract for real estate sales contract in the name of the complainant and affixed A’s seal thereto, and then forged the A’s letter of proxy contract for real estate sales contract in the name of the complainant, and issued it as if it was duly formed to the J, and thus punished.”

However, in fact, since the defendant prepared the power of delegation of the above real estate sales contract directly, the complainant did not use it forged.

Nevertheless, around December 10, 2010, the defendant requested the police officer in charge to submit and receive the above complaint at the public service center of the Bupyeong-gu police station located in the Bupyeong-gu Seoul Special Metropolitan City of Gangseo-gu.

As a result, the defendant raised D without the intention of having D receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Second prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Notification of the results of appraisal, report, and documentary appraisal;

1. Notification of reasons for non-prosecution, a written decision on non-prosecution, a power of delegation, a certificate of seal impression, a real estate sales contract, and applicable statutes;

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

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

1. Article 62(1) of the Criminal Act provides that the Defendant shall make a confession of the instant crime.