"Trying to Seize Mom's Property..." Siblings in Their 30s Forge Inheritance Agreement with Divorced Father
'Forced to Sign IOU Saying "I Will Give Property"' and Sued
Collusion with Divorced Father... Evidence Fabrication and Perjury
Mother Forgives Siblings
A brother and sister in their 30s, along with their father, forged an inheritance memorandum and committed perjury in court to seize their mother's assets, resulting in suspended prison sentences. Despite being falsely accused due to the siblings' forgery, their mother expressed to the court that she did not wish for her children to be punished.
According to the legal community on the 3rd, Judge Oh Myung-hee of the Daejeon District Court Criminal Division 3 sentenced woman A (38), who was indicted for perjury and obstruction of official duties by deception, to one year in prison with a two-year suspension. Her younger brother B (36), indicted for perjury, was sentenced to six months in prison with a two-year suspension.
Their father C (65), who was indicted on the same charges as A, was sentenced to eight months in prison with a two-year suspension.
The siblings A and B visited their mother's house in May 2017 and coerced her into writing a memorandum stating that all assets, including a building and land located in Jung-gu, Daejeon, would be given to the children. When they filed a lawsuit to claim ownership transfer of the real estate based on this memorandum, their mother, unable to endure it any longer, filed a complaint against them for coercion.
In response, A conspired with their father C, who was divorced from their mother, to forge the inheritance memorandum in order to deny the charges.
They changed the date settings on their mobile phones from 2017 to 2013, took photos of the memorandum, and transferred the images to another phone. By doing so, they made it appear as if the memorandum, originally written on May 24, 2017, was created and photographed in September 2013.
A submitted these photos as evidence to the prosecution, falsely testifying that "the memorandum was written and photographed several years ago and that there was no coercion of the mother."
Since the prosecution's forensic analysis of the mobile phones did not reveal the manipulation of the photo timestamps, the mother was instead prosecuted for false accusation. The siblings continued to lie in court during their mother's trial for false accusation, claiming that "the memorandum was written by the mother herself."
A testified, "My mother wrote the inheritance memorandum in September 2013, showed it to my father, and told me to get his memorandum as well." She also claimed that the photo submitted as evidence was "taken by my father when he saw the memorandum and stored on his phone at that time."
The younger brother B and father C also repeatedly committed perjury, stating, "The memorandum was indeed written on September 17, 2013," and "I saw it being written with my own eyes."
Eventually, after the truth was revealed and they were indicted for perjury and other charges, the siblings and father admitted their guilt and confessed in court.
The court found that they submitted false evidence to deceive the prosecutor, thereby obstructing the proper execution of official duties, which led to the wrongful prosecution of their innocent mother.
The court pointed out, "The degree of obstruction of official duties by deception is not light, and by interfering with the court's fact-finding process, they severely damaged the state's judicial function."
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However, the court explained the reason for the suspended sentences, stating, "Considering that the false testimony did not affect the outcome of this case and that the mother forgave her children and did not wish for their punishment." The court ordered A and B to perform 120 hours and 80 hours of community service, respectively, to allow them time for atonement.
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