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(영문) 부산지방법원 2016.03.23 2016고정426
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 30, 2015, the Defendant drafted a written complaint against E at the office of the law firm D, located in Busan-gu, Busan-do, and the content of the complaint is “The Defendant, as the owner of the F building in Busan-gu, was in arrears with respect to KRW 70,000,000,000,000,000,000,000 won

E and the award were made.

In doing so, E would not offer more valuable interest than an auction by financing them.

On December 12, 2012, E entered into a certificate of personal seal impression G, certificate of personal seal impression, certificate of personal seal impression, and certificate of passbook under the name of the real estate owner, and E entered the registration of the establishment of the right to collateral security (hereinafter referred to as the registration of the right to collateral security on December 12, 2012) with the creditor H and I with no consent of the defendant, and on July 29, 2014, the registration of the establishment of the right to collateral security (hereinafter referred to as the registration of the right to collateral security) with the creditor E with the maximum amount of 12,00,000,000 won on the above real estate and the registration of the establishment of the right to collateral security with the creditor as of July 29, 2014 (hereinafter referred to as the “registration of the right to collateral security”).

However, on December 12, 2012, the Defendant borrowed 45 million won to E and 35 million won from a certified judicial scrivener office located in Busan-dong, Busan-dong, respectively, and directly prepared and delivered a certificate of loan to E and H, and issued it to E and to secure this, the Defendant signed and sealed the contract of creation of the right to collateral security on December 12, 2012, and therefore, E did not arbitrarily obtain the above registration.

On July 29, 2014, the Defendant continued to set up a collateral on the above real estate in order to secure the obligation KRW 10 million arising from the existing transactional relationship at the office of a certified judicial scrivener located in Busan-dong, Busan-dong, to secure the obligation of KRW 10,000,000. On July 29, 2014, the Defendant had the account holder G sign and seal the agreement for establishment of a collateral security and the registration power on the registration of establishment of a collateral security on July 29, 2014.

Nevertheless, it is not possible.

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