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(영문) 서울서부지방법원 2013.07.12 2013고단34

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, at the E Licensed Real Estate Agent Office in Mapo-gu, Seoul on May 18, 2012, from D’s E Licensed Real Estate Agent Office, to purchase the said real estate at KRW 570 million from D’s wife, to purchase the said real estate at KRW 310 million in balance if he/she leaves KRW 259 million in the repayment obligation of deposit. Then, upon hearing the explanation that “The actual payment of deposit will be KRW 40 million in the amount of KRW 40 million, the actual payment will be KRW 270 million in the amount of KRW 570 million in the purchase price.” The following day is to purchase the said real estate at KRW 570 million in the purchase price.

5. On the 19th day by telephone, H, stating that “B shall prepare a contract instead,” and on the same day, H, at the J Licensed Real Estate Agent Office located in Mapo-gu Seoul Metropolitan Government, drafted a real estate sales contract with the content that F and H purchase the said real estate on behalf of the Defendant for the purchase price of KRW 570 million.

Nevertheless, on August 13, 2012, the Defendant submitted a false complaint to the Seoul Mapo Police Station located in Mapo-gu Seoul, Mapo-gu, Seoul, Seoul, on August 13, 2012 to the effect that “D, the Defendant is the Defendant, in excess of the authority entrusted by the complainant to the broker (the purchase price of KRW 529 million), and signed and sealed the purchase price as the intermediary under the contract signed and sealed at KRW 570,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00).”

Accordingly, the defendant was sentenced to criminal punishment against D, F, and H, respectively.

Summary of Evidence

1. Each legal statement of witness F and H 1.