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(영문) 인천지방법원 부천지원 2014.05.30 2014고단571

무고

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor at the Seoul Southern District Court for fraud, etc. and on February 1, 2013, which became final and conclusive on February 1, 2013, and is currently under the grace period.

On December 23, 2013, the Defendant: (a) on December 23, 2011, at the construction site C office of Yeongdeungpo-gu Seoul Metropolitan Government Office at the construction site of Btel on Btel on December 10, 2011, the Defendant, despite the absence of the right of the Defendant to sell in lots, did not sell any good things to the complainant; (b) on the basis of this opportunity, the Defendant would no longer sell any valuable things. During the judgment amount of the lien issued in C (State), the Defendant would prepare a written statement of partial transfer of KRW 50,00,000,000 from the principal to the preservation title of the purchase price to KRW 35,00,000,000,000,000 won. The Defendant would immediately transfer and move to the address if he pays the purchase contract amount to KRW 1207,35,000,000,000,000,000 won.

However, in fact, the defendant acquired the right of retention for Btel 1207 at the time and paid 40 million won to E in return for the acquisition of the right of retention for Btel 1207, but did not conclude the sales contract for D and Btel 10 million won. Such a right of retention transfer contract was well known that it is a dangerous speculative contract that can not be returned if the lawsuit related to the right of retention and the lawsuit related to it is well purchased at a large amount of officetels, and when the lawsuit is wrong, 40 million won is a dangerous speculative contract that cannot be returned.

Nevertheless, as the Defendant was unable to receive 40 million won due to the judgment unfavorable to himself/herself, the Defendant submitted a false complaint to a police officer, which was prepared by the public service center of the Seocheon Police Station on December 23, 2013, for the purpose of having D receive criminal punishment.