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(영문) 서울중앙지방법원 2017.11.16 2016고단4263

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 17, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, etc. at the Daejeon District Court, and the above judgment became final and conclusive on December 29, 2016.

[Reference Facts] On October 2012, the Defendant concluded a three-party exchange contract between wife C, D and E represented by the Defendant on behalf of the Defendant at the beginning of October 2012 as follows.

① The title of C is transferred to D to Seo-gu, Seo-gu, Daejeon and its 4th floor commercial buildings on the ground (hereinafter referred to as " Daejeon commercial building").

② D The ownership of a house located in Seongbuk-si (hereinafter referred to as “house in Seongbuk-si”) shall be transferred to a person designated by E, and shall be paid to C the difference settlement amount of KRW 500 million. D succeeds to the obligation to repay loans and deposits for the above Daejeon World Trade Organization, and shall be paid to C 20 copies of the above Alley Card to be received from E.

3. E shall issue to D a 20-year membership card, succeed to a loan of 1.2 billion won with respect to the above gender city housing, and shall acquire ownership by transfer.

Since then, the contractual relationship between C, D, E, and C and D that the Defendant represented was completed, but as E delays in taking over the obligation of the housing at Sungnam-si, the additional agreement was concluded that “If the person designated by E or E fails to succeed to and transfer the obligation of KRW 1.2 billion with respect to the housing at Sungnam-si by February 28, 2013, he or she would waive the right to the housing at Sungnam-si without any condition.”

On February 28, 2013, Part E requested the Defendant and E to confirm that E does not exercise any right under the above exchange contract any longer according to the above additional agreement as it did not succeed to the obligation of the Sungnam City until February 28, 2013.

Accordingly, around March 2013, the Defendant is fully performing the rights to D with respect to the above three-party exchange contract, such as receiving the settlement amount of KRW 500 million from D, and thus, he does not exercise any rights to D.C. In the purport that “1. C is obliged to acquire the ownership of the house in Sungnam-si.