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(영문) 서울동부지방법원 2014.01.08 2013고단1414
무고
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On November 3, 201, the Defendant agreed with the above victim to pay KRW 43,00,000,000 after deducting the expenses for the payment of construction price liability of KRW 90,70,000,000 for the victim D and deducting the expenses for defects, etc., the Defendant shall pay KRW 3,000,000 for the remainder after deducting the amount already paid KRW 20,000,000 for the same day, and the Defendant and the guarantor shall pay KRW 20,00,000 for the remainder after deducting the amount already paid. However, if the above agreement is not implemented by December 2, 201, the content of the agreement shall be null and void, but by the designated date, the payment of KRW 15,00,000 out of the above agreed amount shall not be made.

Accordingly, around October 17, 2012, the above victim filed a lawsuit against the defendant claiming payment of KRW 63,026,000 by asserting the invalidity of the above agreement with the Seoul Eastern District Court, and the victim filed a false complaint against the above victim on the ground that the victim claimed excessive amount.

On November 15, 2012, the Defendant: (a) at a law firm B office located in the Seocho-gu Seoul Metropolitan Government F 7th floor, (b) had C, an attorney-at-law, prepare a written complaint against the victim D; and (c) had C receive the written complaint by mail at the Seoul Dong District Court civil petition office on the 1

The contents of the written complaint include the following: “The fact that D, the complainant, was the defendant, was written by E, who assumes the obligation of the remainder of KRW 20 million among the construction cost debt owed to A, the complainant, and accordingly, written a written agreement dated November 3, 201, which was printed on the computer. As such, even though there was no longer the complainant’s obligation to the defendant, the defendant and E did not have the obligation to the defendant, the written agreement is written in hand.” As such, the defendant and E wanted to deceiving the court as if there were claims against the complainant based on the written agreement written without knowledge of the complainant, and, thus, attempted to receive KRW 63,026,00 from the complainant as if there were claims against the complainant, it is punished as a attempted lawsuit fraud.”

(b) however,

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