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(영문) 인천지방법원 부천지원 2014.01.15 2013고단2294
무고
Text

The defendant shall be innocent.

Reasons

1. On August 27, 2012, the Defendant entered into a lease agreement with the victim E, the owner of the building, as the lessor of the building, and with the Defendant and the victim F’s wife G as the joint lessee on August 27, 2012, on the condition that rent of 14 million won (six million won per month for the first three months) is paid on September 20, 2012, on condition that the Defendant and the victim F, jointly lessee, entered into a lease agreement with the owner of the building on the lease for two years from September 20, 2012, and to secure the above lease deposit.

9. 17. The registration of creation of a neighboring mortgage with the content that the victim E is the obligor for the above apartment building, and the Defendant and the above G as the joint obligee was completed with the maximum debt amount.

However, the victim F, after receiving 350 million won from H and I, a construction business operator for remodeling construction costs for the above apartment building from H and I and completing remodeling construction, was provided with support from J, i.e., the victim E, to jointly manage the above Ha and I by leasing the above Moel building from the victim E. on April 26, 2012. On April 26, 2012, the victim E entered into a construction contract with the victim E to receive 750 million won as the cost of remodeling construction for the above Moel building. However, the above H and I did not commence remodeling construction as they did not invest the costs of remodeling construction unlike the initial promise. While the former H and I did not start the construction, the Defendant proposed joint management of the Moel after the remodeling project and the rental of the above Moel among the new investors. The Defendant agreed to the above remodeling proposal and agreed to make an investment in the said remodeling cost from June 5, 2012.

8. Until July, 8. Until several times, a sum of KRW 319,422,00 was paid to the victim F for the purpose of using the said remodeling construction cost, and the said remodeling construction was jointly leased with the victim F.

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