[2014 Highest 1797] Notwithstanding the fact that the Defendant owned the F Building in Silti City and leased the said 2,3, and 4th floor to G, and was paid KRW 35 million from G, the Defendant filed a claim for rent against G when G was awarded a compulsory auction on the said building and received a successful bid. As he was subject to a counterclaim for the claim for rent deposit from G, he had the intention to file a claim for rent against G as an attempted fraud.

On November 2013, the Defendant, at the Defendant’s house located at Sinsi-si, Sinsi-si, Sinsi-si, prepared a false complaint stating that “G had not paid KRW 35 million to lease the 2,3, and 4th floor of the FF building at Sinsi-si, Sinsi-si, and filed an application for a false report on the right and demand for distribution as if there was a deposit for lease in I real estate compulsory auction procedure, and attempted to acquire KRW 35 million by deceiving the court by raising a counterclaim to refund a deposit for rent lawsuit No. 2013Ga3054, and, on December 27, 2013, the Defendant submitted the above complaint to the public prosecutor’s office in the jurisdiction of the Sinsi-dong Office of the Suwon District Public Prosecutor’s Office, which is located in Sinsi-dong, Sinsi-gu, Seoul.

Accordingly, the defendant was dismissed for the purpose of having G be subject to criminal punishment.

[2014 Highest 3108]

1. On October 15, 2013, the Defendant of defamation: (a) around October 15, 2013, at the new Dong-dong post office in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) the victim G, a lessee, was awarded a successful bid for the building owned by the Defendant; and (c) notwithstanding the fact that the victim led other tenants not to pay a rent, the Defendant, who is the lessee of the building, shall not pay the rent to the other tenants; (d) in the said office, K, L, and M, the lessee of the building; and (e) by inciting the victim, “the victim, while failing to pay the rent for one year, was put the rent and public charge to the other tenants, was put the Defendant into a difficult situation; and (e) by publicly alleging false facts.”