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(영문) 청주지방법원 2017.12.08 2017고합149
무고등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Basic Facts] Around May 14, 2009, the Defendant entered into a contract with the victim C to sell 152 square meters of his own land D site and 3-story stores and housing (hereinafter “the instant real estate”) on one’s own Cheongju-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant real estate”) to the victim for KRW 135 million (hereinafter “the instant sales contract”).

On the date of the contract, the victim paid 10 million won to the defendant as the down payment, and paid 70 million won to the tenant as the intermediate payment on the 20th of the same month, and succeeded to the obligation of returning the rent deposit of 10 million won to the tenant, in lieu of the payment of the rest part payments. The remainder of 45 million won was paid after receiving the instant real estate loan as security, and on May 25, 2009, registered the ownership transfer of the instant real estate in the future of the victim.

On June 3, 2009, the victim completed the payment of the purchase price by adding up KRW 35 million,00,000 and KRW 10,000,000,000,00 loaned from the deposit account of the Saemaul Cooperative in his own name, which was deposited by the Korea Saemaul Bank on the security of the instant real estate, and deducting KRW 2.25,00,000,000,000, which was paid in advance by the Defendant from the lessee of the said building, as the remainder.

[Criminal facts]

1. An accusation;

A. On July 3, 2015, the Defendant filed a criminal complaint against the victim, for the purpose of having the victim take criminal punishment against the victim, the Defendant would receive loans from the Defendant to sell and purchase the remainder upon first giving the registration of the transfer of ownership of the instant real estate to the Cheongju District Public Prosecutor’s Office at the Cheongju District Public Prosecutor’s Office located at 51 Dong-ro 70, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul.

Then, a complaint was filed to the effect that “A was punished and changed” was committed by manipulating documents as if all balance was paid with a member of the Saemaul Bank’s staff and a fake loan, and committing fraud by not paying a balance of KRW 40 million.

However, the Defendant is above.

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