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(영문) 창원지방법원 2015.02.10 2014고단1674
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

While the Defendant obtained the ownership of real estate located in Gangseo-gu Busan Metropolitan City D from the residents in title trust on August 29, 1981 and completed the registration of ownership preservation on August 29, 1981, the Defendant, in collusion with E, made the registration of ownership transfer to F, and embezzled it, and filed a lawsuit for the registration of ownership transfer of some real estate upon being aware of the embezzlement crime against the residents, and subsequently filed a lawsuit for the registration of ownership transfer, the Defendant filed a false complaint to punish the part of the real estate. On August 26, 2010, the Defendant was sentenced to imprisonment with prison labor for not more than ten months at the Changwon District Court on August 26, 201, and was released on September 30, 201, and the parole period terminated on October 25, 2011.

On August 26, 2010, the Defendant was detained in court by the foregoing sentence, and was released on October 5, 2010 due to the suspension of the execution of detention. On January 13, 2011, the Supreme Court dismissed the appeal and re-spambed. Around that time, the Defendant sold to E, but did not complete the registration of ownership transfer, sold the shares of 707/93 square meters out of 173 square meters of Gangseo-gu Busan G Forest land (hereinafter “the instant forest”), which was found in the H certified judicial office, to dispose of the shares of 707/93 square meters (hereinafter “the instant forest”), together with E, prepared a document for confirmation of the person liable for registration, who performed his/her work in public blank, and was re-written on February 7, 2011.

E consulted on July 14, 201 with I, a creditor, and a debt repayment made the registration of transfer of ownership of the forest of this case, and found the defendant as a through detention house with J, the defendant's wife, and explained such circumstances, and obtained a power of attorney for the issuance of a certificate of personal seal impression, a certified copy of resident registration, etc. necessary for the registration of transfer of ownership, and issued a certificate of personal seal impression on the same day. On July 19, 201, H certified judicial scrivener requested H to complete the registration of transfer of ownership with respect to the forest of this case.

However, E does not pay capital gains tax of 2.2 million won to the Busan District Prosecutors' Office on November 14, 2013.

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