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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant decided to sell the H site and factory in KRW 1.85 billion to E, F, and G running a corporation D.
The Defendant, E, etc. received a loan from a financial institution under the name of D and agreed to appropriate the remainder to the purchase price, and return the remainder to E, etc., and, on the basis of this, prepare a written contract in which the purchase price is in excess of 2.2 billion won to obtain a loan, and received a loan of KRW 2.1 billion from Gyeongnam Bank around July 24, 2015 to the account in the name of H.
Under the above agreement, the Defendant returned to D the remainder of KRW 2 billion after deducting KRW 100,000,000,000,000 for the actual purchase price of KRW 1,8550,000,000, out of the loans preferentially repaid to the Gyeongnam Bank, according to which the Defendant returned to D, on July 24, 2015, the Defendant returned KRW 160,000 by means of remitting to the account under the name of J (J) operated by the husband of E.
However, as the Defendant was unable to receive the money that he lent to E, the Defendant had the intent to recover the amount of KRW 160 million by asserting that the said money was the loan, and the details of the transfer of KRW 160 million to the tax office around September 2015 should be stated to I in the tax office.
The tax office shall only show it at the tax office, and shall tear it.
A false statement was issued from I to the effect that “J borrowed KRW 160 million on July 24, 2013, and would repay this up to September 30, 2013.”
1. Around February 19, 2016, the Defendant drafted a false complaint stating that I filed a fraudulent complaint at the Certified Judicial Scriveners Office located in the Busan East-gu, Busan. The complaint is that “I, around July 24, 2015, the husband I of E in the E’s office located in the Busan East-gu, Busan-gu, followed the New Construction Work on the N-based N-based land. If I lend KRW 160 million to our company for construction costs, the completion inspection will be repaid in lump sum.”