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(영문) 서울중앙지방법원 2018.06.22 2018고합190
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 2016, the Defendant prepared a false complaint stating that “The Defendant Nonparty Party B purchased the land from the Defendant in emulified C around December 2006 and completed the registration of the transfer of ownership without paying the amount of KRW 640,000,000,000 among them, but submitted a receipt of forged part payments to the court to not pay part payments on May 13, 2013 and exercised it.” On November 10, 2016, the Defendant received the above complaint to police officials whose name cannot be known at the Gangnamnam Police Station in Seoul Gangnam-gu, Seoul.

However, in fact, the buyers of the above land, including B, paid intermediate payments to D by the co-sellers entrusted with the authority of the Defendant over the sale procedures, including the receipt of intermediate payments, and received receipts from D, and the Defendant also knew that intermediate payments were paid as above and received in the process of the repeated civil proceedings and judgments, and criminal complaint investigation.

In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E, B, F, G, H, and I;

1. The party examination protocol with respect to D;

1. Protocols of examination of the witness to J;

1. Copies of the police statement made to K;

1. Investigation report (verification of contact address of a witness, hearing of a purchaser’s statement), investigation report (teleline, such as check issuer L, etc.), and investigation report (the result of execution of a search and inspection warrant);

1. Written complaint (Evidence No. 66);

1. A written decision on non-prosecution or non-prosecution;

1. Protocols for pleadings;

1. The main text of the expansion of the receipt for intermediate payment (Evidence 16), certificate of seal impression (Evidence 17), certificate of appraisal (Evidence 18), real estate transaction (Evidence 1-1), real estate transaction contract (Evidence 1-2), real estate transaction contract (Evidence 1-2), confirmation document (Evidence 2), copy of receipt for intermediate payment (Evidence 3), copy of receipt for intermediate payment (Evidence 4-5 No. 3), entire certificate of registered matters (Evidence 13), real estate transaction contract, etc., power of attorney and certificate of seal impression, preparation in writing, and preparation in writing.

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