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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Since February 25, 2009, the Defendant: (a) borrowed KRW 100,000 from the victim D under the name of the deposit money to obtain the Suhyup Loan amounting to KRW 1.4 billion around December 28, 2009; (b) but the Suhyup Loan was no longer made; (c) on January 27, 2010, the Defendant repaid the amount of KRW 100,000 to D and received all documents, such as passbooks and receipts, related to the borrowed amount in custody; and (d) returned the amount of KRW 5,00,000,000,000,000 to D around February 9, 2010.
When there was no way to repay KRW 150,000,000,000 borrowed from the victim F with the operating funds of Section C (State), the auditor E of Section C (State) around that time, while guaranteeing F’s obligation, the Defendant issued to F a promissory note with the face value of KRW 150,000,000,000,000,000,000,000,000,000,000, in the name of the Defendant, and around March 2, 2010, F was fair from the above promissory note and collected KRW 1,08,116,00 from the Defendant’s Han Bank passbook around September 11, 2012.
Accordingly, the Defendant had expressed an intent to file a false complaint against the victims in order to escape the above promissory note obligations.
On September 28, 2012, the defendant prepared a written complaint against the victim D and F at a certified judicial scrivener office located near the 404, Asan-ro, Gwangjin-gu, Seoul, and received the written complaint from the Seoul Dong District Public Prosecutor's Office on the same day.
The contents of the complaint are as follows: "The defendant D and F, who acted in collusion with D, borrowed KRW 100 million from D and repaid all of the borrowed money, but F is holding a promissory note with a right of KRW 150 million which was offered by F as security for the above borrowed money as notarized. The above promissory note No. 1,000 won, as if the above promissory deed is valid, deceiving the court, subject to the ruling of seizure and collection order, and upon receiving the order of seizure and collection, 1,08.