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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is that the Defendant, at the time of selling real estate, knew of the fact that the sales amount of KRW 120 million under the sales contract was not KRW 97 million, but at the time of selling the real estate, C, the purchaser of which arbitrarily forged a sales contract stating the sales amount of KRW 120 million. The lower court erred by misapprehending the legal principles as to the intent of a crime of false accusation and misapprehending the fact that the Defendant did not have any intention to commit a crime of false accusation.
2. On November 11, 2013, the Defendant prepared a written complaint against C through an unsound administrative agent at the office of the administrative agent near the Incheon District Prosecutors’ Office, located in 127, Seocheon-gu, Seocheon-gu, Incheon District Prosecutors’ Office.
In order to file an application for the ownership transfer registration of the housing No. 202, the complaint, "C, the defendant, was prepared on April 25, 201, by using the computer, stating a false purchase price as if he purchased the real estate from the complainant with the intention of KRW 120 million without the complainant's permission, and affixed a seal affixed by the complainant's personal seal at his own discretion on the printed seller's name, thereby forging one copy of the real estate sales contract, which is a private document, and using it to the public official in charge of the registration as if it was actually prepared, and thus punishing him."
However, in fact, for the convenience of loan succession, the Defendant and C agree to enter the term “business-up contract” in which the purchase price is KRW 87 million, not the actual price, and KRW 120 million, and with the Defendant’s consent at the place where both the Defendant and C are present, and as such, C prepares the above sales contract with the Defendant’s consent. As such, C is forged.