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(영문) 부산지방법원 2018.12.07 2018노1835
무고
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. According to the evidence submitted by the Prosecutor, the court below acquitted the Defendant of the charges in this case, although the court below found the Defendant guilty of the charges, which affected the conclusion of the judgment by misunderstanding the facts.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below, i.e., (i) B, from the investigative agency to the court of the first instance, the Defendant confirmed the forest land of this case and purchased it.

As his introduction, C Co., Ltd., the owner of the said forest, entered into a sales contract with E and paid money as down payment.

In order to pay KRW 60 million to K (H) for the cancellation cost of the provisional registration of the forest of this case, the down payment of KRW 10 million, intermediate payment of KRW 50 million, and the balance of KRW 40 million was set at KRW 40 million.

Since then, the defendant demanded the business (UP) contract in which the purchase price is KRW 200 million, the issue of transfer income tax will be discussed, and the defendant will bear this issue.

to identify only once.

was done.

I ask about whether the contact would be possible again to 400 million won or more after 2 to 3 days, and asked about 400 million won, and stated to the purport that E should not be asked, and ii) E also in an investigation agency, “B has a person who seeks to sell land at KRW 100 million, and entered into a contract with the Defendant with the Defendant.”

At the time of conclusion of a sales contract, the defendant confirmed a certified copy of the real estate register and asked about the provisional registration in the name of K.

In general, in order to determine the balance more than the intermediate payment, provisional registration in the name of K is set at KRW 10 million, intermediate payment, KRW 50 million.

The down payment of KRW 10 million was forwarded to K immediately upon receipt from the Defendant on the day of the contract.

After that, if the defendant prepares the 400 million fake business contract through B, the contract will be made.

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