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(영문) 서울중앙지방법원 2018.07.26 2017고단7132
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant in the facts charged in the instant case is a person who runs a corporation D, the main business of which is real estate enforcement business, and E is a person who operates a corporation F, the main business of which is real estate enforcement business.

The Defendant’s office located in Gangnam-gu Seoul Metropolitan Government G around September 21, 2012 refers to an individual store in Gangnam-gu Seoul Metropolitan Government H commercial building’s 98 Gu unit “Gu unit” in Gangnam-gu, Seoul.

After concluding a service contract with E to receive the “real estate purchase service contract” with the content that he/she intends to receive the service, he/she provided the service contract deposit amount of KRW 25 million to E. In such a case, E provided 20 copies of the 68 old unit sales undertaking and the sales undertaking newly secured under the said contract, but the Defendant did not pay the “98 old unit sales contract amount of KRW 500 million and trust-related expenses” which the Defendant is obligated to pay under the said contract, and was notified of the termination of the contract by E around November 9, 2012.

Defendant: (a) notified of the termination of a contract as above and thereby, would interfere with the real estate purchase business; (b) around April 17, 2017, at the office located in Daejeon-gu I, Daejeon-gu, Daejeon-gu, by means of computers, concluded a service contract for real estate purchase by deceiving the complainant without intent or ability to perform the services specified in the service contract; and (c) fraudulently acquired the contract deposit amount of KRW 25 million.

However, whether the above service contract was terminated due to the Defendant’s failure to perform the contractual duty

E was not deceiving the defendant without intention or ability to perform the service contract from the beginning.

Nevertheless, around 11:00 on April 18, 2017, the Defendant submitted and received the above complaint to the person in charge of the general public service center of the Seoul Central District Public Prosecutor's Office located in 158 (Seo-dong, Seocho-gu), as the distribution of Seocho-gu Seoul Metropolitan Government.

As a result, the defendant was committed for the purpose of having E criminal punishment.

2. Determination:

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