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(영문) 서울북부지방법원 2017.05.23 2016고합492
무고
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged and the Defendant and C were married from July 16, 1975, but C maintained de facto marital relationship with D from around 1985.

Accordingly, on September 18, 2009, the Defendant filed a divorce and a lawsuit claiming consolation money against C and D, and the Plaintiff (Defendant) and Defendant C are divorced from the Seoul Family Court on September 18, 2009.

As consolation money to the Plaintiff, Defendant C paid KRW 30 million to the Plaintiff, and Defendant D paid KRW 20 million to the Plaintiff jointly and severally with Defendant C. It was sentenced to a judgment with the content that the said amount was 20 million.

After that, while the defendant was in a situation in which it was economically difficult to receive consolation money from C and D because he was unable to receive consolation money, he expressed his intention to waive the remainder of consolation money if he paid some amount of money to C and D, and on April 19, 2013, he received five million won in cash from the same person, and given up his right to the remaining consolation money of 25 million won in cash.

“The signature was written in the same agreement and signed in the same content.”

However, when the Defendant came to know of the fact that D owned G 108 Dong206 around November 2015, the Defendant applied for compulsory execution against D with the right to claim the payment of consolation money against D as the title of the right to claim the payment of consolation money. On the other hand, the Defendant acquired a written agreement under which C and D forged to waive it even though the Defendant did not waive the remainder of consolation money of KRW 25 million excluding KRW 5 million, and thereby exempted the Defendant from the obligation of KRW 25 million.

Along with the intent to make a false accusation to the effect that it is “....”

On March 29, 2016, the Defendant: (a) paid KRW 5 million to Defendant C and Defendant D, the complainant, at the Dobong-gu Seoul Metropolitan Government Police Station on March 29, 2016; (b) and (c) did not agree that the complainant would give up the remainder of KRW 25 million.

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