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Defendant
B Imprisonment with prison labor of one year and two months, and Defendant A shall be punished by imprisonment with prison labor of six months.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
B On June 27, 2013, the Seoul High Court sentenced one year of suspended sentence to one year of imprisonment due to occupational breach of trust, etc., and the judgment became final and conclusive on October 24, 2013. On June 5, 2015, the court sentenced three years of suspended sentence to three years of imprisonment due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the known player) and became final and conclusive on January 14, 2016.
1. Around May 2013, Defendant B drafted a false complaint against I at the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon.
A written complaint was filed by the Defendant Nonparty I, on August 22, 2002, with respect to the land B and J, the complainant, the ownership of which was transferred to Defendant B (see, e.g., evidence No. 17). The Plaintiff filed a sales contract for the land of 3,305 square meters (hereinafter “K”) in the name of Jung-gu Incheon Jung-gu, Incheon, Jung-gu, Incheon, with the intention of punishing the complainant for unjust enrichment by claiming the return of KRW 480 million and the money of KRW 480,000 on March 11, 2003. In addition, even though the Plaintiff did not have paid the purchase price of KRW 480,00,000,000 to the complainant on March 11, 2003, the Plaintiff filed a complaint with the Incheon District Court around April 19, 2013.
However, on March 11, 2003, the Defendant entered into a sales contract to sell K land in KRW 480 million to I at the M office operated by the Defendant at Kimpo-si, Kimpo-si, and prepared a real estate sales contract related thereto. At that time, the Defendant received KRW 480 million of the above sales price.
Nevertheless, on May 21, 2013, the defendant submitted a written complaint to the police officer in charge of name in the Yongsan-gu Police Station located in Mangsan-si, Yongsan-si.
In this respect, the defendant was made without the purpose of having I receive criminal punishment.
2. Defendants’ 2.