The defendant shall be exempted from punishment.

Punishment of the crime

【Criminal Facts】

On February 7, 2012, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for the crime of false accusation in the Southern District Court Branch of the Jeonju District Court, and on February 14, 2012, the said judgment became final and conclusive.

【Criminal Facts】

The Defendant was liable to the victim D for the amount of KRW 100 million, but instead of paying the debt, the Defendant delegated the right to receive the dividend claim of KRW 135 million to the victim, F (Defendant’s wife) as the lessee of the real estate compulsory auction procedure case, such as the Changwon District Court Jinwon Branch E, etc. in lieu of paying the debt.

The Defendant intended to receive 30 million won from the first victim’s dividends (135 million won) that he would receive from the said victim after deducting the above debt (100 million won) from the said debt. However, as a provisional attachment was executed by the third debtor with respect to the said F’s dividend claims and the victim could not receive only some of the above dividends, the Defendant could not receive the said money from the victim. When the Defendant forged the F’s power of attorney, etc. but submitted it to the auction court and received the said dividends, the Defendant subsequently filed a false complaint with the Seoul Yongsan Police Station around December 7, 2007, as the victim did not have the right to receive the said dividends, at the Seoul Western District Court’s District Prosecutors’ Office (Seoul Western District Court Decision 2008Da10310, Oct. 31, 2008). On June 20, Seoul Western District Court charged the victim with the crime of fraud, etc. at the Seoul Western District Court’s criminal trial proceeding against the victim (the instant fraud against Defendant D, etc.).

Criminal facts

The defendant, while the above criminal trial was pending on December 2, 2008, at the Seoul Western District Court located in 174 as Mapo-gu Seoul, Mapo-gu around December 2, 2008, stolen the F’s certificate of seal impression of the dividend creditor in order to block dividends of KRW 91,219,025 in the real estate compulsory auction case (the above E case) and submitted it to the auction court and received dividends of KRW 91,219,025.