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(영문) 서울중앙지방법원 2017.01.13 2016고정2723
명예훼손
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the multiple minutes of the “E” commercial building in Jongno-gu Seoul Metropolitan Government and Jongno-gu (hereinafter “E commercial building in this case”), and is a person who is the president of the “E commercial building site council” comprised of both the water minutes of the above commercial building (hereinafter “the instant commercial building”).

Although the Defendant attempted to acquire the above land together with other several parts, upon the request of the head of the relevant tax office, the Korea Asset Management Corporation conducted a public sale of the above land at the request of the head of the relevant tax office, the Defendant’s attempt to obtain the above land in KRW 5,900,100,000 in the name of his wife G by using criminal proceeds acquired by the victim F from illegal opening of gambling, etc., and completed the registration of transfer of ownership in the name of G around January 3, 2008.

Meanwhile, in order to collect the above criminal proceeds from the injured party who was detained due to a violation of the Act on the Establishment of Gambling and Regulation and Punishment of Concealment of Criminal Proceeds, the Republic of Korea requested the injured party to terminate the trust agreement in the name of the injured party and G and to perform the registration of transfer of ownership in the name of the injured party on Nov. 15, 2012, and the Supreme Court rendered a final judgment accepting the claim of the Republic of Korea on Nov. 21, 2012. On Nov. 21, 2012, the government issued a disposition revoking the notification of KRW 3,950,163,270, which was imposed on the injured party on the ground of the “Reversion of ownership by the nominal trust” on Nov. 21, 2012. The injured party set the amount of KRW 5,628,659,580 on the above land as the creditor of the Incheon Tax Office, the Busan Tax Office, and the Nowon Tax Office and the Nowon Tax Office as the creditor on July 8, 2097.

Under these circumstances, the victim filed a civil suit against the multiple parties, including the defendant, to seek unfair benefits equivalent to the removal of the building, the transfer of the land, and the rent in the name of G, and the defendant continues to be in respect of the issue of money laundering, the name trust, and the default of taxes with the victim.

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