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(영문) 수원지방법원 여주지원 2016.08.03 2016고단451

무고

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, the above sentence against the Defendants for two years from the date of final judgment.

Reasons

Punishment of the crime

Defendant

B is the owner of both Pyeongtaek-gun E and F land (hereinafter referred to as the “instant land”), and the Defendant A is the spouse of B.

Although the Defendants sold the instant land to G and received a decision from G to transfer the ownership registration at the same time with payment of the purchase price on June 24, 2011 after having filed a lawsuit claiming the transfer of ownership on or around July 22, 2005, the Defendants agreed to transfer the instant land ownership to G and H Construction Co., Ltd., and the instant land ownership to G, H construction and land trust to G, H construction and land trust in the order order. On August 22, 2013, the Defendants delegated an attorney-at-law with the registration of transfer of ownership to transfer the instant land on or around August 27, 2013, the ownership of the instant land was transferred to G, H construction industry, and Korea Land Trust Co., Ltd.; Defendant B received a certificate of beneficial interest in real estate trust from the land trust Co.,,, Ltd. for the trust of the instant land to Defendant B, with the priority interest of 1,500,000 won.

around December 30, 2013, the Defendants: (a) received a certificate of beneficial rights worth KRW 450 million from H-based Construction Industry J; and (b) received KRW 250 million once settled G and tax, etc. on the ground of the instant land, the Defendants were paid the remainder by March 30, 2014; and (c) upon the settlement of G and tax, etc. with respect to an apartment building on the ground of the instant land, the Defendants were paid the remainder by March 30, 2014; and (d) upon the creation of a collateral security right on an apartment bond 2, the Defendants did not receive any balance from G until the date on which they promised to receive the land price from G; and (c) the Defendants did not pay the land price to the Defendants; and (d) embezzled it, without paying any balance to the Defendants, and was transferred the ownership of the instant land to G, and thus, were in violation of their duties.

On November 3, 2015, the Defendants prepared a written complaint against Defendant I and K at the office of law firm C located in Seoul Special Self-gu, Seoul, for the first time in the Seocho-gu, Seoul, on November 3, 2015.