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(영문) 서울서부지방법원 2014.05.23 2013고단1773

위증

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On July 4, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Western District Court for fraud, etc., and is currently pending in the final appeal trial.

Around May 208, the Defendant borrowed at least 1.6 billion won from D, who was in the course of engaging in food processing business, and had been able to arrange intermediate payments and balance to be loaned from the old Saemaeul Fund, with the knowledge that E, the husband of D, attempted to rapidly dispose of real estate but did not properly dispose of the real estate.

Accordingly, on May 23, 2008, the Defendant arranged a sales contract between F and E, which made F and F pay KRW 40 million to E as the down payment, and thereafter, the Defendant applied for the loan to the Gu Saemaul Savings Depository, and the Defendant asked E and D to return the down payment as soon as the loan mediation was not possible, but requested E and D to return the down payment. However, the Defendant attempted from E and D to “the Defendant did not have any reason to return the down payment because the sales contract was not due to the mistake on the part of the Defendant,” and the Defendant, who was unable to pay the down payment of KRW 1.6 billion or more, did not demand the return of the down payment any longer.

On October 26, 2010, around 2010, the Defendant filed a complaint against D and E due to fraud, etc. from D, and filed a lawsuit against D and E claiming the return of the down payment No. 2010da34010 and the revocation of the fraudulent act in order to respond thereto, and the civil procedure “D has demanded D to return the down payment to the Defendant” and “D has received a return of the down payment from the old Saemaul Depository” are issues.