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(영문) 춘천지방법원 속초지원 2017.09.13 2016고단324
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C became aware of the Defendant’s joining as a fraternity in around 2010, when he joined the successful bid which is the main supervisor, and the Defendant and C have destroyed the system while operating the said system and caused a situation in which the members could not receive the guidance. The Defendant and C had been a member of the said system around March 22, 2013.

D In order to secure the return of the limit paid by the Defendant to E, the establishment of the right to collateral security worth KRW 80 million on the F land owned by the Defendant, the husband of the Defendant, and the registration of establishment of the right to collateral security was completed on the 26th of the same month, and on the 20th of December, 2013, the registration of establishment of the right to collateral security was entered into on the 20th of the same month, and on the 1st of December 2013, the remainder of the members except the above D was the representative of the members of the fraternity around January 8, 2014.

C made registration of the establishment of the right to collateral security with the content of 284,650,000 won for the maximum amount of the claim as the right to collateral security.

Until September 2015, the Defendant failed to pay the limit that was to be paid to D as above, and D applied for an auction to recover its claims, and requested C to file a lawsuit against D to cancel the registration of the establishment of a right to collateral security, which was made in the name of D. In order to cancel the registration of the establishment of a right to collateral security.

On September 15, 2015, the Defendant requested C and I to file a lawsuit seeking revocation of the above fraudulent act in H C and I only once again in the H C and C at the Seocho-si, Sincho-si. As a result, C demanded in return that the Defendant pay C the amount of KRW 40 million, including the fraternity and interest that the Defendant should pay to C, and written a written statement as above.

After that, the Defendant promised to C

The payment of KRW 40 million has been borne by I, and I asked I to “I am with D Ga Ga, with D Ga Ga, with a more reduction of the amount,” and I finally agreed with C after consultation with C, and on September 30, 2015, the Defendant was on September 15, 2015.

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