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(영문) 서울중앙지방법원 2015.09.23 2014고정5640
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 12, 2004, the Defendant, who was in the position to acquire ownership of 1,456 square meters of C forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and sold 1/2 of the above forest land to E representative director E in the position of an heir. The Defendant, on April 12, 2004, entrusted the trust of the above forest land to F, who was his wife, and completed the registration of ownership transfer as the receipt of No. 8901 on April 13, 2004.

On February 1, 2012, the Defendant filed a lawsuit claiming the registration of title restoration ownership that invalidated a title trust agreement with respect to the forest land and related F, and had the said forest land owned by himself/herself, and had the mind to claim that F is the property trusted to F.

Around November 14, 2013, the Defendant prepared a complaint stating that “The Defendant trusted 1/2 of shares out of 1,456 square meters of land and fields C, the Defendant’s own possession, to E, via a licensed administrative agent in the office of mutual infinite-dong, Seodaemun-gu, Seoul. The Defendant transferred the registration of forest and fields from E, the husband, while the F became aware of it, and embezzled by providing it as security without the Defendant’s consent.”

However, in fact, the Defendant sold the forest land above to E on April 12, 2004, and because he did not title trust to E and F, F did not have embezzled the above real estate.

Nevertheless, around November 15, 2013, the defendant submitted the above written complaint to police officers under his name in the Seodaemun-gu Seoul Western Police Station located in Seodaemun-gu Seoul Metropolitan Government.

Accordingly, the defendant raised FF with the aim of having F punished criminal punishment.

Summary of Evidence

1. Partial statement of witness E;

1. Some protocol of examination of suspect E by the prosecution (including the interrogation part for the defendant);

1. The first police statement against the defendant;

1. The chairperson (two pages of investigation records);

1. A certified copy of the register, a written judgment (the Seosan Branch of the Daejeon District Court 2012dan117), a contract agreement (the investigation record 151~161 pages), and a written judgment (the investigation record).

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