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(영문) 서울남부지방법원 2013.07.12 2013고단875
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 9, 201, the Defendant came to know C with the introduction of the land owner around 1993. From around August 9, 2001 to around April 20, 201, the Defendant provided C with a right to collateral collateral on the real estate owned by the Defendant over five occasions from November 27, 2002 to April 20, 201, in order to secure his/her obligation for loans while doing continuous monetary transactions with C, and finally, the Defendant provided C with a right to collateral collateral (subject to collateral collateral: D and two lots of land outside Chungcheongnam-si, Chungcheongnam-si, si, and the maximum debt amount of 200 million won set up on December 6, 2007) and the right to collateral collateral (subject to collateral collateral on April 20, 201) with a maximum debt amount of 310 million won set up on April 20, 201.

On the other hand, around April 30, 2010, the Defendant prepared a copy of a loan certificate confirming that C has a debt amount of KRW 550 million. On the other hand, around September 3, 2010, C applied for provisional attachment against the above D land and E buildings owned by the Defendant based on the above loan certificate to the Seoul Central District Court on September 3, 2010, and the F apartment 115 Dong1802 residing in Seoul Special Metropolitan City, and the Defendant and C continued a civil lawsuit as to the existence of the loan obligation.

During the progress of civil litigation with C, the Defendant informed the Yongsan Police Station that “C created each of the above collateral security rights and prepared a loan certificate by threatening that it would be frightening the relationship with C,” thereby intending to lead the favorable outcome in civil litigation. However, on September 9, 2011, the Seoul Western District Public Prosecutor’s Office issued a disposition as “not guilty” at the Seoul Western District Public Prosecutor’s Office, the Defendant filed a complaint with the Suwon District Public Prosecutor’s Office on the same content as C, and had C be subject to criminal punishment.

On January 6, 2012, the Defendant, at the Suwon District Public Prosecutor’s Office, located in the Young-gu, Young-gu, Gyeonggi-do, by threatening to the effect that C would be wide in a vehicle near the Cheong Accounting-do, at the time of the subdivision of Gyeonggi-do, and that C would be wide in the vicinity of the common cemetery.

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