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(영문) 수원지방법원 안양지원 2017.02.24 2016고단599

무고

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is the representative of the F in force of the “E” under the construction of Kug-gu C and D, and the Defendant C as the representative director of the said “E” as the Defendant’s corporation located in the (ju) 502 of the Gu H building in Ansan-si around October 2012. However, G entered into a real estate development project agreement between the Defendant and G for the new construction and development of the said “E,” but G did not pay the construction cost properly, on April 9, 2015, filed an application for provisional attachment of the said “E” with the Seoul East District Court for the provisional attachment of the first floor and the second floor of the J building on April 9, 2015. On June 1, 2015, the Defendant filed a lawsuit against the Defendant F against the Defendant F in the Seoul East District Court for the payment of the construction price of the said “E” amount to KRW 98,393,804, not paid out of the construction price.

On August 19, 2015, the Defendant filed a false complaint with G as the Defendant at the inner branch office of the Suwon District Prosecutors' Office No. 52-ro, 212, Sinyang-si, which is the Sinyang-si, and with the aim of having G receive criminal punishment.

The complaint filed "G will complete all processes within two weeks if it pays the construction cost of KRW 300 million without the intention or ability to complete the work on January 6, 2015."

In order to receive KRW 300 million from the complainant on January 20 of the same month, the subcontractor shall pay additional construction cost of KRW 600 million to the subcontractor and complete the construction work by January 30, 2015 without additional construction cost.

It is a false statement that "The complainant has imposed a total of 1,608,006,196 won on the complainants."

However, the Defendant paid KRW 300,000,000 to G in accordance with the agreement with G when the construction period was changed on March 31, 2015 and the construction cost was partially paid according to the progress of the construction work, and the Defendant, G, and subcontractor paid KRW 600,000 according to the agreement between the Defendant, G, and subcontractor.