A defendant shall be punished by imprisonment for not less than eight 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

On May 26, 2015, the Defendant: (a) exchanged 37 square meters of a total of 163 square meters of land in ASEAN-si I, the ownership of H with the delegation from her pro-friendly H; (b) agreed to sell the remainder of 126 square meters of the said I land to J; and (c) entered into a contract with the Defendant on the basis that the standard point of the partition survey shall be determined by the Defendant’s side when dividing the said I land.

On June 18, 2015, the Defendant accepted a request from the L who was delegated by the said J to prepare a power of attorney in the name of H to survey land by telephone.

Accordingly, L prepared the power of proxy for land survey under H and submitted it to the Asan Branch of the Korea National Land Information Corporation at around that time to survey the I land around July 2, 2015.

On July 3, 2015, the Defendant received notice that land survey was completed from L around July 3, 2015, and around July 10, 2015, the Defendant directly prepared a letter of delegation in H’s name to the effect that “to delegate the procedure for filing an application for land partition permission and cadastral record adjustment to L” to L, and issued it to L.

However, around that time, the Defendant asserted that the result of the survey was invalid because it was not a survey based on the point that he initially thought, and that the survey was unfavorable to himself, and that L was subject to criminal punishment. In addition, on October 2015, the Defendant drafted a false complaint against L at a fluence area with the aim of having L receive criminal punishment.

The statement of the complaint "a request for punishment because L et al. forged a power of attorney in H without consent and make a survey of H's name." The defendant, around June 18, 2015, accepted L et al. to prepare a power of attorney in the name of H by telephone, and L did not forge the above power of attorney.

Nevertheless, on November 4, 2015, the Defendant submitted the above written complaint to the public service center of the ASEAN Police Station in Pungdong-dong, Asan-si around November 4, 2015, and on November 12, 2015, the above Asan Police Station.