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(영문) 수원지방법원 2013.04.24 2012고단3728
모해위증
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 2008, the Defendant purchased ten stores, including 102 units, from among three commercial buildings newly constructed on the G land in Suwon-si, Suwon-si, and on October 17, 2008, in order to secure the loan claim amounting to 300 million won, the Defendant registered the establishment of a collateral security right with regard to 107 units and 207 units among the above commercial buildings.

On January 21, 2009, in order to resolve the above dispute situation, the F Co., Ltd. newly constructed the above building and failed to pay the construction cost to many construction business operators including H, and the above construction business operators exercise a lien on the above building, the defendant decided to terminate the establishment of the right to collateral security on the I and the above 10 commercial buildings at the time of the K Co., Ltd., but on that condition, the F Co., Ltd terminated the establishment of senior collateral security on the store No. 107 and 207 and agreed to transfer the ownership to the defendant to 300 million won.

However, on March 23, 2009, the Defendant and the LAF agreed with the LAF to cancel the remaining parts of the right to collateral security set up at the stores of the above commercial buildings except for 302, 303 out of the right to collateral security set up by the Defendant and the LAF, subject to the agreement between the LA and the LAF to repay the debt incurred in relation to the construction of the commercial buildings.

However, on the ground that I unilaterally cancelled the right to collateral security without complying with the above conditions, the Defendant filed a complaint with the Government District Court on July 22, 2010 on the charge of fraud, and I brought a non-detained trial with the Government District Court on July 22, 2010. In the above case, the issue was whether the Defendant and the F.C. In the foregoing case, the cause for failure to implement the agreement between the Defendant and the F. In addition, whether the Defendant and the F.C. Adjustment was the Defendant or I

The defendant had I had I punished for fraud, and had I feel a sense of consolation in order to lead the dispute situation related to the above building store favorablely.

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