무고
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. According to the legitimate evidence revealed in the grounds of appeal in the instant case, it is sufficient to recognize the facts charged. Therefore, the lower court erred by misapprehending the facts charged.
2. The summary of the facts charged is a certified judicial scrivener who operates the “D judicial scrivener office” under Article 201 of the Gwangju-dong building C, E is a secretary general of the above office, and F is a licensed real estate agent specialized in auction.
On March 25, 2010, one bank, a creditor of G, filed an application for voluntary auction with the Gwangju District Court I in relation to H apartment No. 103 Dong 1209, Seo-gu, Gwangju, Seo-gu, 2010, which was held by G, applied for voluntary auction to the Gwangju District Court I, and the above apartment was failed several times due to the successful bidder's failure to pay the successful bid price, and finally awarded the award to J around August 3,
G listening to the fact that K would want to purchase the above apartment by requesting K to participate in the above auction from F known to the F, through F, it proposed that K would sell the above apartment to K to the extent of the successful bid price if K would sell the debt of K to Han Bank, which is the right to collateral security of the above apartment before the J paid the successful bid price, to the extent that K would sell the above apartment to K to the extent of the successful bid price if the auction is revoked by subrogated repayment of the debt of K to the Han Bank, which is the right to collateral security of the apartment, and to the above apartment.
G, K, F, and E: around August 13, 201, at the F’s house in Seo-gu, Seo-gu, Gwangju, 101 Dong 105, and 160,000,000 won in the above apartment under the above conditions; G and K have to sell the above apartment to K; G and K have to perform all the affairs concerning the registration of transfer of ownership of the above apartment, such as repayment by subrogation of the Han Bank and the Defendant’s office office and cancellation of auction, and have to pay KRW 3,00,000 in the aggregate of KRW 1,50,000 in the above duties, and E has received from G all the documents, such as a certificate of personal seal impression necessary for transfer of ownership, a certified copy of resident registration, etc.
F and K finding the defendant's office around August 18, 201 to handle the above work.