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(영문) 수원지방법원 2013.05.15 2013고단808

무고

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The above forests and fields related to the rights and management B, C, D, E, and F 11,708 square meters were registered in the name of the defendant's family member G, and the defendant's father He obtained the registration of ownership transfer by inheritance on November 2003, and H died on November 2003.

The forest is originally owned by I, and the forest is merely a kind of title trust registration, and on 1983, H was a director in Seoul as Seoul and transferred all the management of the forest as well as the parent felal support to Dong J (the third village of the defendant) because H did not refuse to gather his parent.

Accordingly, on September 24, 2009, the J agreed to sell 8800 square meters out of the above forests to the said project team at KRW 6.14 billion, and received KRW 1.4 billion as down payment by the Defendant, as the main line of the J on September 24, 2009, when managing the above forests and fields, the Defendant was responsible for all public charges related to property tax and other property tax.

On February 2, 2010, the Defendant: (a) revised the above sales contract with the foregoing project team; (b) KRW 8240 square meters; and (c) KRW 5.76 billion for the purchase price; and (b) agreed to set up a mortgage on the forest and fields as well as pay the balance by borrowing KRW 4.2 billion for the said forest and fields.

From the Han Bank on February 28, 201, the defendant was the debtor, and the defendant was given loans of KRW 2.28 billion, and the defendant was given loans of KRW 1.9 billion, and the defendant was given loans of KRW 960 million with J as the debtor, and the defendant was given loans of KRW 80 million. The above E and F made loans of KRW 1.8 billion with K (in-house director) as the debtor and transferred KRW 1.5 billion to the deposit account in the name of the defendant.

After that, the defendant transfers some of the above payments to the deposit account of the J from time to time in the form of public funds and related incidental expenses.