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(영문) 수원지방법원 안양지원 2015.09.10 2015고단421

무고

Text

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

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

Reasons

Punishment of the crime

On November 5, 2013, the Defendant purchased and developed the above forest land from E and F, a joint owner of D forest land in Namyang-si, Namyang-si, Namyang-si, and entered into a sales contract.

In this contract, even after obtaining permission to engage in development activities on land in the future, there was a provision that the contract will be terminated automatically if the remaining payment is not made on the part of the defendant within the remaining payment period, and at the same time the name of the permission to engage in development activities that the defendant received in the future is changed

The Defendant delegated the above C with all authority concerning the conclusion of the above land sales contract prior to the conclusion of the contract, and the Defendant removed the Defendant’s certificate of the personal seal impression in his name to prepare “written promise to permit the development act”.

After that, C had the seller keep his/her seal imprinted in the column of "written promise of permission for the act of development" and had the seller keep his/her seal imprint in advance in preparation for the remainder of payment.

However, the Defendant and C failed to pay the remainder by July 4, 2014, which is the remainder payment date, and received notification from EF around August 18, 2014 that the contract for the land was rescinded.

In addition, the above E and F entered into a sales contract with G on August 27, 2014 for the land newly.

After that, around September 20, 2014, H, the agent of the above E and F, stated the Defendant’s personal information in the transferor column of “written promise of permission for the transfer or acquisition of the Defendant’s seal imprinted and kept in custody” to change the permission for development activities in the G, and submitted G’s personal information in the transferee column to the Namyang-ju viewing.

The Defendant, on October 27, 2014, forged a letter of permission transfer or acquisition by G, the Defendant, a “Defendant,” at a complaint book kept at the public prosecutor’s office of the government public prosecutor’s office located in 34-gil-ro, 34-gil-ro. 23, 201, for viewing.