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(영문) 인천지방법원 부천지원 2017.03.30 2017고정219

무고

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around January 28, 2011, the Defendant completed the registration of the transfer of ownership with respect to 102, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant real estate”). On November 14, 2014, the Defendant settled the sum of the debt amount and C’s expenses incurred in the process of acquiring, preserving, etc. the instant real estate at KRW 107,779,066, and at the same time agreed that C shall pay it to C, and at the same time, C shall complete the registration of the transfer of ownership with respect to the instant real estate to E, who is the Defendant’s children.

After such agreement, the Defendant, unlike the above agreement, rejected the Defendant’s request for the registration of the transfer of ownership of the instant real estate before paying the total amount of the settlement amount, and, as a means to accomplish the Defendant’s above demand, C merely was a trustee under the name of the trustee, but did not have any right to the said real estate, and embezzled it by refusing the request for the return of the said real estate to the police.

Accordingly, on September 2015, the Defendant entrusted the instant real estate to C in the name of the sports Si police station located in Gyeonggi-ro, 513, which was 5.13, and C refuses to return the real estate without good cause.

In the above police station investigation and F Team office around January 21, 201 of the same month, the pertinent real estate was trusted to C around January 10, 201 in the name of the police officer in charge, and even though, on November 14, 2014, the Defendant demanded the return of the said real estate, C also consented thereto and written a contract for the sale and purchase of the said real estate transferred in the name of E, who is the Defendant’s own child, despite the fact that C is reversed the said contract and registered in its own name, and C refuses to return the said real estate, and thus, it is charged for embezzlement.

The C is nothing more than C.