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(영문) 서울남부지방법원 2015.12.03 2015고단3801
무고등
Text

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

However, 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

1. On September 2014, the Defendant, at D Co., Ltd. office for the purpose of investing in real estate in 1101, in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, issued a contribution certificate to 200 square meters if the Defendant paid KRW 50,000,000 to E for the purchase of part of G in Chungcheongnam-si, Chungcheongnam-si, Seoul Special Metropolitan City owned by F (F). On the other hand, the Defendant was required to pay KRW 15,00,000,000 for provisional registration expenses, and received a remittance from E.

Since then, E confirmed that there was no real estate transfer from the F (N) representative H, the defendant, resisted to the defendant, and suggested the investment certificate for 100 square meters and the investment certificate for 100 square meters out of the above real estate owned by the J and the above real estate owned by the F (I) as if the defendant was delegated by him, and that the above 200 square meters can be transferred to 50 million won.

However, in ascertaining that E did not receive delegation from the above I and J as to the transfer of the investment certificate, it requested refund of KRW 15 million already paid while reserving the payment of the balance of KRW 35 million, and filed a fraudulent complaint against the previous damage inflicted by the Defendant. In addition, I and J, the owner of the investment certificate, filed a fraudulent complaint against the Defendant and received an investigation by the investigative agency, and upon which E was investigated into the origin, etc. of the investment certificate, they attempted to file a false complaint with the purport that E, even though they had already accepted the said investment certificate at the time of the contract and had concluded the contract, would by deceiving the Defendant as if they would have received the investment certificate and acquired it for the purpose of deceiving the said investment certificate.

The Defendant at the above office around March 19, 2015, “E, the Defendant, who is the Defendant, shall immediately pay KRW 50 million when he delivers the certificate of investment in spite of the intention or ability to pay the amount even if he/she received the certificate of investment in the amount of 200 square meters of G land G in Chungcheongnam-si, Chungcheongnam-si.”

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