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(영문) 수원지방법원 성남지원 2014.06.13 2013고단2854

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

[B] Around June 2003, the Defendant agreed to purchase three single telecoms, such as C and DMoel, Eelher, and F, and divide profits therefrom. Dmos shall bear KRW 200 million for Dmos, and the remainder of KRW 400 million shall be borne by C, and the Defendant shall pay the remainder of KRW 300 million for Dmos, but the Defendant succeeded to the loan of KRW 300 million and transferred the ownership of Emos under the name of the Defendant. Of KRW 920 million for Emos, C succeeds to the loan of KRW 612 million for Emos, and the remainder of KRW 380 million was divided into KRW 154 million for the Defendant and C's husband, and the registration of ownership transfer was made under the name of C, one half of KRW 100 million for F, excluding the loan, and the Defendant and the actual owner shared the registration of ownership transfer under the name of H who is the actual owner.

On August 2004, the Defendant settled to pay C the total amount of KRW 1,30,000,000,000, which is half of the total amount of KRW 2,60,000,00,00 for registration transfer expenses, acquisition tax, telecoming operation expenses, interest on DNA loans, etc. Around August 2, 2004, the Defendant established a right to collateral security on the land of Gyeonggi-gu owned by the Defendant under his name of his wife I, and transferred the right to collateral security to J on March 17, 201. < Amended by Presidential Decree No. 23293, Sep. 2, 2009>

However, on April 2012, the Defendant filed a lawsuit against J to the District Court for the cancellation of the establishment registration of a collective investment agreement with respect to her business failure, using the fact that there is no joint investment agreement with her employer and her mother, etc., and the Defendant solely acquired the her mother with the burden of 900 million won for the purchase price of the her apartment, the EMoel and F did not know at all, and there was no joint investment with C, and the Defendant asserted that there was no debt of 130 million won to be paid to C, but the Defendant was sentenced to the judgment against her on August 24, 2012, and appealed on October 2, 2012.