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(영문) 광주지방법원 2017.02.02 2016고단5022

무고

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 27, 2016, the Defendant entered into a sales contract to sell land and buildings in Gwangju Northern-gu C, D (hereinafter “instant real estate”) with KRW 300 million, E, F, and G, and received KRW 10 million on the same day’s down payment, KRW 20 million on March 30, 2016, and KRW 130 million on March 31, 2016, after receiving KRW 100 million in total from the intermediate payment of KRW 100 million on April 8, 2016.

On April 8, 2016, at the I certified judicial scrivener office located in the Dong-gu Seoul Special Metropolitan City, the Defendant asserted that “The payment of the balance between the delivery and the payment of the deposit and the monthly rent by the lessee of the documents and buildings related to collateral security obligation” from the buyer representative G cannot be made in advance.

On July 14, 2016, the buyer deposited the remainder of KRW 123,093,548, excluding the remainder of KRW 3906,452, and the remainder of KRW 123,093,548, excluding the remainder of KRW 58,000,000 from the remainder of KRW 185,00,000,000,000 for the right to collateral security and the obligation to return the lease deposit to the lessee J., and filed a lawsuit for the registration of transfer of ownership with the Defendant with the Gwangju District Court on July 18, 2016.

On August 12, 2016, the Defendant asserted that, upon submitting a written response to the foregoing Gwangju District Court, the buyer’s remaining obligation is KRW 1228.6 million, by asserting that “part of the rent deposit for the rent and arrears of monthly rent for the rent of the rent” was 120 million.

Then, on August 22, 2016, the Defendant: “The third floor lessee J, without the Defendant’s consent, forged the lease agreement under the name of the Defendant, the owner of the instant real estate, and submitted it to the Gwangju District Court on July 9, 2016; and if the unpaid deposit amount of KRW 3 million and the overdue monthly rent of KRW 1.3 million are deducted, the Defendant’s obligation to J is merely KRW 2,322,581, while the Defendant’s obligation to J is merely KRW 1.4 million.