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(영문) 창원지방법원 밀양지원 2016.01.14 2015고정48
무고
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 7, 2014, at the office of a certified judicial scrivener in Busan, the Defendant: (a) forged a real estate transaction agreement that C purchased at KRW 879 square meters in Syang-si E-si from the Defendant and D around November 11, 2013; and (b) performed by submitting it to the full bench in the Changwon District Court case No. 2013 proviso 4670.

“Preparation of a complaint,” on July 8, 2014, submitted a written complaint to the Busan Young-gu Police Station located in the Busan Young-gu Busan Young-do 20.

However, in fact, the defendant decided to sell the defendant's share in the above land to C on January 201 and received the price in full, and thereafter the transfer registration is omitted as a matter of transfer income tax. In order to prevent transfer income tax from occurring to F of the certified judicial scrivener F who accepted the registration before around August 2013, there was a fact that the defendant delegated all the affairs related to transfer registration such as the preparation of the above real estate transaction contract in the name of the defendant in order to prevent transfer income tax.

Nevertheless, the defendant did not dismiss C by submitting a false complaint as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and C;

1. The protocol concerning the examination of suspect by the prosecution against the accused and C (including the cross-examination);

1. Application of the Acts and subordinate statutes on real estate sales contract to the complaint, full certificate of registered matters;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Articles 157, 153, and 55 (1) 6 of the Criminal Act (Confession in the prosecution) to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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