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(영문) 서울북부지방법원 2016.06.03 2015고단341

무고

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2015 Highest 341"

1. On August 20, 2014, and September 16, 2014, the Defendant, without the intention or ability to pay the purchase price, obtained the purchase price from the complainant on August 20, 2014 and obtained the payment of KRW 15 million from the brokerage commission on or around July 21, 2014, and paid the purchase price to D and E at the public service center of the Seoul Dongdaemun-gu Police Station located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, for the purpose of having D and E subject to criminal punishment by the complainant. The Defendant cannot be subject to criminal punishment by the complainant on or around May 30, 2014; the Defendant cannot be subject to criminal punishment of KRW 15 billion on or around July 21, 2014; the Defendant cannot be subject to criminal punishment by the complainant on or after transfer of the above land and housing, and paid the down payment under the name of KRW 600,000,000,000.

The defendant submitted a letter of complaint to the effect that he voluntarily destroyed the tear by receiving the return, and that "the investigation and punishment of the defendant shall be changed."

However, on May 30, 2014, the Defendant entered into a sales contract with D as to the Dongdaemun-gu Seoul Metropolitan Government F and G land and the multi-family house on its ground owned by the Defendant, and determined the purchase price as KRW 1.6 billion, and received a purchase price as the down payment from D, and then entered into a sales contract with D around July 21, 2014, with a tenant deposit amounting to KRW 960 million and KRW 30 million for the existing collateral loan, and received KRW 340 million for the remainder from D, and received KRW 40 million for the remainder from D to receive the remainder. In addition to the remainder, the Defendant offered the above land and house as security and received KRW 40 million for the remainder, and received the loan as security and received all other expenses such as expenses for establishment of security and notarial transfer.