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(영문) 춘천지방법원 영월지원 2014.07.18 2013고단217
무고등
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

1. Summary of the facts charged

A. On September 14, 2011, the Defendant concluded a sales contract to transfer the land, building site, and F-road shares (hereinafter “instant real estate”) owned by the Defendant to the victim G at the Gangseo-gun D restaurant located in Gangseo-gun, Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, Seoul, to the effect that: (a) the Defendant transferred the instant real estate to the victim G at the cost of KRW 100 million.

On September 15, 201, the Defendant and the victim agreed to pay the down payment of KRW 10 million, and the intermediate payment of KRW 45 million on September 30, 201, respectively. On October 15, 201, the Defendant and the victim agreed to receive the remainder of KRW 45 million and at the same time they received the remainder of KRW 45 million, respectively, to register the ownership transfer for the land, buildings, and road shares.

Since the Defendant received the payment of KRW 10 million from the victim on September 15, 201, and the intermediate payment of KRW 45 million on September 28, 201, pursuant to the foregoing agreement, the Defendant received the remainder of KRW 45 million from the victim on October 15, 201, and at the same time performed the procedure for the registration of ownership transfer of the instant real estate on October 15, 201.

Nevertheless, on October 11, 201, the Defendant violated the foregoing duties, and thereby, at the office of the Kim Chang-gun, Kim Chang-gun, Kim Chang-gun, Kim Chang-gun, the Defendant: (a) registered the establishment of a collateral security interest of KRW 61,100,000 with respect to the instant real estate as the person holding the right to collateral security; and (b) obtained pecuniary benefits equivalent to the loan amounting to KRW 47,00,000 by obtaining the loan from the said person; and (c) suffered pecuniary damages equivalent to the loan amount from the victim.

B. On October 20, 2011, the Defendant issued a written complaint to the public service center in the Bupyeong-gu Seoul Special Metropolitan City of Gangwon-do to the effect that “G committed a crime of attempted fraud on October 20, 201,” using the color pen to the Defendant’s house located in the Gangseo-gu Seoul Special Metropolitan City of Gangwon-do around October 20, 201, and submitted it to the public service center in the Bupyeong-gu Seoul Special Metropolitan City of Gangwon-gu, Gangwon-do, and continued to conduct the investigation of the said public service station and the intelligence team office.

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