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(영문) 수원지방법원 2014.07.24 2014고단3140

무고

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

[Basic Facts] The Defendant, as a licensed real estate agent, was entrusted with the management of the E multi-household 305 located in Osan City E, Osan-si.

Around May 2007, the Defendant concluded a sales contract with F and F on the following terms: (a) around May 2010, the Defendant was aware of F as a real estate transaction business, with the following terms: (b) around F and F around May 2010: (c) the Defendant entered into a sales contract with F and F, stating that “The Defendant shall sell the said housing to F; (d) the Defendant shall succeed to the existing lessee’s obligation to refund the monthly rent deposit amounting to KRW 5 million; and (e

【Criminal Facts】

Around October 16, 2013, the Defendant, along with D, made at the H law office located in Seocho-gu Seoul Metropolitan Government, I, the complainant, an attorney-at-law, affixed a seal imprint of D, in blank, for the purpose of acquiring the above collateral collateral collateral obligation, using a computer. On January 19, 2011, the Defendant: (a) stated in the aforesaid blank that “the complainant shall delegate the right to representation regarding the lease and management of the said house to the accused; (b) forged the power of representation in the name of D; and (c) took place as the representative of the complainant on February 21, 201; (d) without authority, prepared a charter contract stating that “The said house shall be leased to J in KRW 36 million” without authority; and (d) required the said J to receive the full amount of KRW 36 million in the name of the deposit for lease and management of the said house.”

However, in fact, the defendant, along with D, affixed D's seal imprint on the proxy draft prepared by F around September 2010, and granted F the right to lease the above house with F's seal imprint seal imprint affixed thereon. Therefore, the contents of the above complaint are false.

Nevertheless, around October 24, 2013, the defendant submitted a written complaint to F by registered mail to the public service center of the Sungdong Police Station located in the Busan Metropolitan City, Busan Metropolitan City.