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(영문) 대구지방법원김천지원 2020.09.24 2020고정219
무고
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[Basic Facts] A is a real estate sales agent, who is the actual owner of the D Apartment E (hereinafter “instant real estate”), and Defendant B received five million won in return for the name transfer from Defendant C around December 24, 2018 and completed the title transfer registration on January 10, 2019. Defendant A is the husband of Defendant B and the actual owner of the instant real estate. Defendant C is the friendship of Defendant C, the actual owner of the instant real estate.

【Criminal Facts】

around September 2019, the Defendants received a false complaint from C to request F to file a false complaint. Despite the fact that F had not concluded a sales contract with the Defendants with respect to the instant real estate, the Defendants attempted to file a false complaint with F with the effect that F did not pay part of the purchase price, and acquired F by fraud.

Accordingly, around September 24, 2019, the Defendants conspired to submit a complaint stating that “F did not pay any balance that it purchased or promised to purchase the instant real estate as the complainant,” at the Busan Summer Police Station located in 665, as the Busan Seo-gu, Busan, Busan, and that “F did not pay any balance that it would have promised to purchase the instant real estate,” and Defendant A entered into a sales contract with B around October 8, 2019, to ask Jung-gu, where “A (A) was in the investigation of the police station and the economic 1 team, present in the above police station, supplement the contents of the above complaint, and supplement the contents of the above complaint.” From around December 24, 2018, Defendant A introduced Defendant B as the buyer, who was the Defendant Nonparty, and concluded a sales contract with C to sell and purchase the instant real estate at KRW 422,1920,000 between him and F.

After that, around January 17, 2019, F transferred KRW 19,972,800,00 from F for the purpose of intermediate payment, etc. and transferred the registration of ownership transfer of the instant real estate to F on the same day, but F did not pay the remainder of KRW 142,00,000,000 to the next day.

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