A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Around March 29, 2005, the Defendant: (a) lent a vessel to sell it in Songpa-gu Seoul market; (b) borrowed KRW 3.6 million from C which used credit business to the market; (c) prepared a certificate of loan to repay the said loan to C by June 29, 2005; and (d) continued to borrow KRW 3.4 million from April 30, 2005 to repay the said loan by August 9, 2005.

C filed a lawsuit against the defendant in Seoul Southern District Court where the defendant did not pay the above money, and won the plaintiff on March 15, 2006, and applied for a payment order to the Seoul East District Court on March 14, 2016, as the defendant did not continue to pay the above money.

C Upon the issuance of a payment order on April 1, 2016 by the above court, and the decision became final and conclusive on April 29, 2016, upon September 14, 2018, the court filed an application for a decision to specify the property with the Ansan District Court on September 14, 2018, and rendered a decision to specify the property against the Defendant on October 1, 2018.

Around October 25, 2018, the Defendant was subject to the foregoing decision to specify the property, and the Defendant prepared and ordered a loan certificate from C in around 2005, but there was no fact that “the complainant (Defendant) did not have any fact with the Defendant (C), and there was no fact that the Defendant borrowed money from the Defendant (Defendant) or prepared documents related to the loan. Nevertheless, the Defendant (Defendant) filed a lawsuit against the Defendant for the claim for the loan against the Defendant, and the Defendant would have repaid it to the Defendant. This is (Lawsuit) fraud. The Defendant revoked the order to specify the property raised by the Defendant, and submitted a false complaint to the public official in charge of the Seoul East Eastern District Public Prosecutor’s Office, which is defined in Songpa-gu, Seoul, to the effect that “The Defendant would be subject to strict punishment due to fraud.”

As a result, the defendant was arrested for the purpose of having C receive criminal punishment.

Summary of Evidence

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