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(영문) 창원지방법원 마산지원 2018.09.11 2018고단521

위증

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

[Presumption of Facts] C and their C are the owner of a new building on the ground of land E, F, G, H, I, and J land in Changwon-si (hereinafter “the instant land”), and K is the investor of the new construction project.

When the construction of the new construction was suspended, K completed on April 16, 2008 the registration of the right to claim ownership transfer of the land of this case (hereinafter "the provisional registration of this case") in order to secure claims.

After July 2017, C and D, in order to continue construction, participate in the investment of the new construction project in addition to K and the defendant and L in addition to K around July 2017, and "the defendant is responsible for the obligations of the loans of one bank."

When one bank moves its loan from the Saemaul Treasury to the Saemaul Treasury, K cancels the provisional registration of this case, and establishes a new provisional registration of the land E.

L cancels the registration of the establishment of the right to collateral security (hereinafter referred to as the "right to collateral security") on M and N land.

“A letter of agreement” has been drawn up, but there has been no consensus between K and L with respect to the agreement.

[2] On September 23, 2015, the Defendant appeared as a witness at the fourth pleading date of the instant lawsuit for implementation of the registration procedure based on the provisional registration against the Plaintiff K, 2015Na 117, which was based on the provisional registration against the Defendant, of the said court, at the court of Changwon District Court 220, 681, Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, 2015.

1. In the presence of the presiding judge of the 3th Civil Department of the above court in the trial of the above case, the defendant C responded to the question whether the defendant C's agent's "if one bank takes out the loan to repay the loan, it was confirmed that the document was written to the chief of the certified judicial scrivener," and continuously the defendant C's agent's "the document is a document of provisional registration cancellation and the document of termination of the mortgage."

“The answer was made.”

However, in fact, the defendant shall cancel the provisional registration of this case or the mortgage of this case to the staff P of a certified judicial scrivener office.