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(영문) 수원지방법원 성남지원 2018.07.24 2017고단3143

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

On February 19, 2016, the Defendant drafted a false complaint against E at the law firm D office located in the Seocho-gu Seoul Metropolitan Government subparagraph C of B Building C.

The defendant and E shared purchase of the above real estate by sharing the purchase price with respect to the real estate other than Gwangju City in around 2008, and E in the process of purchase, stating that the price of the above real estate is about KRW 1.5 billion, while the purchase price is about KRW 3 billion, the defendant makes up for the purchase price. After the purchase of the above real estate, he/she distributes a large amount of profits or makes a registration for the transfer of shares equivalent to 1/3 in the name of the defendant.

Deviation and deception of the purchase price of KRW 1,00,000 from the Defendant. After the purchase of the said real estate, the Defendant did not obtain the consent of the co-owner, and this real estate was embezzled by using the personal debt of E with the loan of KRW 4.232 billion.

However, at the time of the purchase of the instant real estate, the Defendant was well aware of the fact that the purchase price of the instant real estate was approximately KRW 3 billion, and the Defendant was fully aware of the fact that all of the purchase price paid with the purchase price was used as the purchase price. At the time of the purchase of the said real estate, approximately KRW 1 billion was appropriated for the loan of the said real estate by the financial institution as collateral, and the interest on the said loan and the tax accrued in the process of the purchase of the said real estate were paid. As such, the Defendant was aware of the fact that the said real estate was created as collateral and appropriated for the loan and the Defendant consented to the said funds in relation to E, and thus, the Defendant was in relation to the purchase price of the instant real estate.