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(영문) 창원지방법원 마산지원 2015.02.10 2014고단937
무고등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. At around 10:00 on December 10, 2013, Defendant A: (a) prepared a false complaint; (b) at the E-at-law office located in Seongbuk-gu, Chungcheongnam-do; (c) around 10:00, it stated that, while Defendant B applied for a payment order against the complainant to obtain a false judgment, Defendant B was F in the place of service of the complainant, rather than the address of the complainant’s address; and (d) avoided fraud that the document for the payment order for the complainant was served upon the Defendant’s address; and (e) embezzled the amount of KRW 25 million out of the proceeds from the sale of land and buildings owned by the complainant, which did not return KRW 25 million to the Defendant’s office; and (e) submitted a false complaint to the Defendant’s office, which did not request the Defendant to return the amount of KRW 5,000,000 to the Defendant’s office and/or 2,000,000 to the Defendant’s office and/or 2,00,0,0,00.

However, the facts are as follows: (a) Defendant A was registered as the owner of the real estate owned by Defendant A, which was directly purchased by Defendant B, and (b) Defendant A was not the actual owner of the said real estate; and (c) Defendant A was given a loan of KRW 15 million at will as security for the above real estate owned by Defendant A.

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