A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2014 Highest 8273] On March 11, 2014, the Defendant entered into a title trust agreement with C on real estate located in Nam-gu Incheon Metropolitan City, and signed a delegation or renunciation of delegation with C to transfer all kinds of rights transfer documents, such as the sale, lease, etc. of the said real estate, and signed a letter of delegation with C to delegate C the sale, lease, and receipt and payment of rent, etc., of the said real estate, and entered the Defendant’s personal information directly in the lessor column of the lease agreement that is the object of the said real estate,

On March 27, 2014, according to the above title trust agreement, the Defendant: (a) completed the registration of ownership transfer with the Defendant on March 27, 2014; (b) established a collateral of KRW 24,100,000 on the maximum debt amount with the Defendant as the obligor; (c) subsequently, at around June 14, 2014, the conflict with C arose with the Defendant’s home as a matter of repayment of interest on the secured debt and repayment of registration documents; and (d) upon the request of C to return the registration documents continuously before and after the commission of the offense of embezzlement, the Defendant was accused of embezzlement; (c) without forging the lease agreement, and (d) did not intend to file a false complaint against C, notwithstanding the absence of the fact that C had detained the complainant and his children.

On June 24, 2014, the Defendant: (a) prepared a written complaint stating false details that “A person who is the Defendant’s complaint submitted a false move-in report by forging the lease contract of real estate owned by the complainant, and was detained for about 2 to 30 minutes on June 21, 2014 in his house of the complainant and the complainant for about 2 to 30 minutes; and (b) submitted a written complaint to the public official in charge of receipt at the Incheon District Public Prosecutor’s Office of the Incheon Public Prosecutor’s Office located in Nam-dong, Incheon District Public Prosecutor’s Office on June 26, 2014.”

As a result, the Defendant reported false facts to C for the purpose of criminal punishment.