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(영문) 대구지방법원 안동지원 2016.01.19 2015고단403

무고

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged [Basic Facts] at the office of a certified judicial scrivener located in Daegu on June 3, 2013, the Defendant: (a) at the office of a certified judicial scrivener located in Daegu on or around March 3, 2013; (b) the representative E Co., Ltd. located in Chungcheongnam-gu, Nam-gu and (c) the site of the instant case (hereinafter “Ch”).

8 households of multi-family housing of the 5th floor(hereinafter “the instant building”)

New Construction Corporation (hereinafter referred to as “instant Construction”)

The construction of this case was awarded by E, the owner of the building, and completed the construction of this case at the Defendant’s responsibility, and the construction of this case was paid in return for 400 million won (50 million won per household, 400 million won in total, 80 million won in total).

The Defendant agreed to sell the instant land and buildings to H on December 2, 2013, when the funds to complete the construction are insufficient, while the construction was being carried out by lending money from H for the purpose of raising funds to complete the remaining construction of the instant construction, and the Defendant borrowed money from the construction cost, etc. to be included in the purchase price.

On December 12, 2013, the Defendant arranged to enter into a contract with F and H to the effect that “E sells the instant building and site to H” at the real estate brokerage office located in the Gancheon-gun, Gyeongcheon-gun, Gancheon-gun, which is operated by I.D.

Around December 13, 2013, the instant building was subject to ownership transfer, etc. in the name of H in accordance with the purport of the contract. Upon completion of the instant building, the Defendant applied for the change of the name of the owner of the instant building to the Dobong-gun Office on behalf of H to ensure that the ownership is preserved, etc. in the name of H, and the name of the owner was changed in the name of H as to the instant building around December 20, 2013.

[2] In order to collect money invested in the instant construction from F and H in order to obtain money from the Defendant from F and H, the criminal facts of H followed followed the instant construction from the Defendant and completed the remaining construction on the instant building and site at his own responsibility.

The defendant on January 2015.