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(영문) 광주지방법원 2012.09.19 2012고단1148

무고

Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a certified judicial scrivener who operates a “D judicial scrivener office” under Article 201 of the Dong-gu Seoul Building 201, the office director of the above office, and F are licensed real estate agents specialized in auction

On March 25, 2010, one bank, a creditor of G, applied for a voluntary auction to the Gwangju District Court I for H apartment No. 103 Dong 1209, Seo-gu, Seo-gu, G, Gwangju, which was owned by G, and the above apartment was failed several times due to the successful bidder's failure to pay the successful bid price. Ultimately, the apartment was awarded to J around August 3, 201.

G listening to the fact that K would want to purchase the above apartment by requesting K to participate in the above auction from F known to the F, through F, it proposed that K would sell the above apartment to K to the extent of the successful bid price if K would sell the debt of K to Han Bank, which is the right to collateral security of the above apartment before the J paid the successful bid price, and K would sell the above apartment to K to the extent of the successful bid price if the auction is cancelled due to repayment by K on behalf of K to pay the debt of K to the Han Bank, which is the right to collateral security of the apartment, and instead, it received the above proposal.

G, K, F, and E: around August 13, 201, at F’s house in Seo-gu, Seo-gu, Gwangju, 101 Dong 105, Dong 105, and G, under the above conditions as above, sold the above apartment to K at KRW 160 million; G and K, the office manager of the defendant, are in charge of all the affairs concerning the registration of transfer of ownership of the above apartment, such as repayment by subrogation of K with respect to the obligation of Han Bank and Isnsnsnsnsnsnsnsnsnsnsnsnsnsnsnsnsnsnsns, and one million won in total, five million won in total, and in that place, E received from G all documents, such as a certificate of personal seal impression necessary for transfer of ownership, a certified copy of resident registration, etc.

around August 18, 2011, F and K found the defendant's office in order to carry out the above work. F and K agreed to pay 160 million won to the defendant in the above job and 1.5 million won to the defendant. The defendant and F together with the defendant and F are agricultural cooperatives located in the Dong-dong, Gwangju-gu, Gwangju, and 5 million won, whichever are 5.5 million won.