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(영문) 서울동부지방법원 2015.09.25 2013고단628
위증
Text

Defendant

A Imprisonment of eight months, Defendant B's imprisonment of six months, Defendant C's imprisonment of six months, and Defendant D's imprisonment of six months.

Reasons

Punishment of the crime

Defendant

A is a person who has been working as the head of the office of a certified judicial scrivener; Defendant B is a person who has served as the head of the office of a certified judicial scrivener; Defendant C is an employee of the above A; Defendant D is a person who has served as the chief director of the M Scholarship Foundation (hereinafter referred to as the “Foundation”); and Defendant D is a person who served as the chief director of the Foundation.

The Scholarship Foundation owns seven lots of land, such as Ansan-si N as basic property, and on May 2, 1997, the permission to dispose of the basic property was obtained from the superintendent of the Seoul Special Metropolitan City Office of Education on May 2, 1997 (term of validity) and accordingly, entered into a contract to sell the above seven parcels of land in KRW 2.3 billion to the (O) Center. However, while the O did not perform the contract any longer under the condition that it paid the down payment of KRW 230 million, the term of validity of the permission to dispose of the land

On June 7, 2002, the State (O) received a favorable judgment that "the Scholarship Foundation shall receive KRW 2.07 billion fromO, and at the same time perform the procedures for the registration of ownership transfer for seven parcels, such as N in Ansan-si, Ansan-si."

Since then, P and his father Q et al., who actually controlled the above scholarship foundation, intended to transfer the above land to O based on the above judgment on the transfer registration of ownership, but did not accept an application for registration on the ground that the validity period of the above disposal permit is extended or the above disposal permit is to be separately obtained, and the office of education of Seodaemun-gu Seoul Special Metropolitan City Office of Education or the Seoul Special Metropolitan City Office of Education, which is the competent authority for the permission for disposal, is impossible to grant the disposal permit if the ownership of the above land is not restored to the original state as a scholarship foundation. In conclusion, the above decision on the transfer registration of ownership cannot be applied for the registration of the above land of the scholarship foundation,

As such, Defendant B, who is the legal adviser and agent of Defendant A, and Defendant C, who is the employee of Defendant A, is a broad connection with the above Party A.

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