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(영문) 서울중앙지방법원 2017.02.09 2016고단6258

무고

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the representative of D Corporation.

On October 20, 2015, the Defendant submitted a complaint stating that “Defendant E (the representative director of the FF corporation) shall transfer all the housing construction business rights located in Yang-gun-gun G, Gangwon-do (hereinafter “the instant real estate”) to A, the complainant, and shall implement the registration procedure for the transfer of ownership of the instant real estate. Nevertheless, the Defendant Nonparty H and E conspired with the Defendant Nonparty H to establish a false fair certificate as if he had completed the claim against F corporation, and, based on this, applied for compulsory auction of the instant real estate to Chuncheon District Court I on the ground that he/she applied for the instant real estate, the Defendant submitted a false document forgery, the above investigation document uttering, and the attempted fraud to be punished.” On October 21, 2015, the Defendant submitted a complaint to the Chuncheon District Public Prosecutor’s Office around October 21, 2015.”

However, the facts are as follows: (a) around 1995, H sold “eight parcels of land, including Yang-gun-gun G, Gangwon-do,” and did not receive part of the purchase price; (b) on July 20, 1998, K Co., Ltd. (hereinafter “F”) took over KRW 250 million out of the above purchase price debt of J Co., Ltd., upon resumption of the construction of a new apartment house on the above land; and (c) H applied to Suwon District Court for a payment order against F to seek payment of the above acquisition debt and its delayed damages; (d) F was subject to the payment order of KRW 350,000,00 and delayed payment of damages to H; and (e) the attachment order was enforced on August 25, 2004, and the auction procedure was finalized on July 4, 200, and the auction procedure was finalized on July 4, 2007.

In addition, the Defendant transferred the instant real estate to H, with respect to H.