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(영문) 수원지방법원 안양지원 2015.06.24 2014고단1758

무고등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendants' exercise of their defense rights, the following facts charged are organized and criminal facts are recognized as follows:

1. Defendant A

A. On March 2014, the Defendant: (a) requested G, an attorney-at-law at the F Office of Law Firm F Office in Seocho-gu Seoul, Seocho-gu, to set up a written complaint on H; and (b) received it by mail at the Gyeonggian Police Station in the 31st of the same month, Ansan-gu, Annyang-gu, Annyang-si, Annyang-

On November 30, 2012, the complaint filed a false payment order of KRW 10 million against the complainant at the Suwon Mutual Savings Bank located in Seoul, which stated that “The complainant prepared a loan certificate of KRW 10 million with B, but H applied for a false payment order against the complainant on November 4, 2013, on the ground that B applied for a false payment order against the complainant at the Suwon District Court Ansan branch on November 4, 2013.”

However, in fact, the Defendant did not prepare a loan certificate to H, rather than preparing it to B, and H applied for a payment order against the Defendant on the ground of the loan certificate that the Defendant did not pay the money even after April 30, 2013, when the loan certificate was due.

Nevertheless, the defendant was dismissed for the purpose of having H punished criminal punishment.

B. In order to secure a loan to H on June 1, 2012, the Defendant: (a) completed the registration of the establishment of a mortgage over KRW 120 million with respect to the I-Ground building (J hotel) owned by the Defendant to H; (b) around November 2012, the written indictment of KRW 7730,000,000 from the new mutual savings bank in the Dispute Resolution Committee, which entered KRW 775,730,000,000, but is deemed to be a clerical error of KRW 7730,000,000,000,000.

On November 30, 2012, the new mutual savings bank located in 943-19, Chungcheongnam-dong, Seoul, paid H KRW 90 million to H, and registered the establishment of H’s neighboring mortgage.