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(영문) 대구지방법원 2017.05.31 2016고단3695
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 28, 2014, the Defendant drafted a false complaint with respect to E and F using a computer at the Busan District Court’s Law Office, which means that “The complainant agreed to pay KRW 115 million to F on the condition that he restores 11 apartment units from the reporter H of the reporter, etc. of the G real estate in Busan District to the original state to the original state,” but, on May 28, 2013, the Defendant Party forged the above agreement under the name of the complainant around May 28, 2013, and the Defendant filed a lawsuit claiming transfer price of KRW 115 million with the Busan District Court to receive from A, and the Defendant attempted to receive the forged agreement by submitting it to the said court.

The Act was the content.

However, on August 6, 2012, E entered into a claim transfer contract on behalf of the Defendant and “G 58 households to transfer a provisional registration made to I, and to receive the transfer proceeds in return for arranging real rights and claims for other G,” on behalf of the Defendant, and the Defendant paid KRW 350 million out of the down payment on the day of the contract to the Defendant. The Defendant transferred the provisional registration of the said 58 households on the same day under the name of I, but the EF demanded restitution by asserting the cancellation of the contract. Since then, around May 28, 2013, E demanded restitution by asserting the cancellation of the contract, the Defendant, F, and E reversed the claim transfer contract, as well as “F would pay KRW 15 million out of the down payment to the Defendant, on condition that the Defendant restores the original status from the former having the right of registration, etc. under the subparagraphs of G 11, to the Defendant.”

Nevertheless, on July 25, 2014, the defendant submitted the above complaint to the Busan District Public Prosecutor's Office's Office to the 15 Busan District Public Prosecutor's Office's Office.

The purpose of this is to enable F and E to be subject to criminal punishment.

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