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(영문) 대전지방법원 홍성지원 2018.10.16 2018고단385
무고
Text

A defendant shall be punished by imprisonment for six months.

However, 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

In order to newly build a new house around October 2016, the Defendant decided to purchase Category D land owned by C, and concluded a contract for civil engineering works with C, the construction cost of KRW 13 million, but the dispute arises due to the payment of the construction cost, etc., the Defendant had C file a false complaint against C with the following falsity, and had a certified judicial scrivener whose name is not known at a certified judicial scrivener office located in Chungcheongnam-gun, Hongsung-gun, Hongsung-gun, prepare a false complaint against C.

A written complaint is that “C 893 square meters (270 square meters) of land D in Hongnam-gun was sold in KRW 40 million, but the complainant forged a real estate transaction agreement which reduces the area of the land to KRW 795 square meters (240 square meters) and uses it on December 20, 2016, 4.5 million of the purchase price for the land of KRW 30 square meters, and 5 million of the purchase price for the land of KRW 30 square meters was not repaid on December 20, 2016, and thus, C was punished for fraud, forgery of private documents, and the execution of the document.”

However, on November 24, 2016, the Defendant: (a) agreed to prepare a real estate transaction contract, stating the purchase price of KRW 18,200,00,000,000 for C and the land above KRW 795,000; (b) around that time, the Defendant signed and sealed the said contract in the “F judicial office located in Chungcheongnam-gun, Hong-gun; (c) thus, C did not forge the real estate transaction contract under the name of the Defendant or obtain 4,50,000,000 won from the purchase price by using the forged document as above; and (d) around December 1, 2016, C paid KRW 13,000,000,000, which is part of the purchase price of civil works, to C, and thus C did not have acquired KRW 5,000,000 from the Defendant as a loan.

Nevertheless, on October 26, 2017, the Defendant is at the red police station located in 1254, Hongsung-ro, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun.

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