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(영문) 광주지방법원 2015.10.15 2015고단1255
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 14, 2014, the Defendant, a mother of the Defendant, sold 3,976 square meters (hereinafter “instant land”) to E (hereinafter “E”) prior to the location D, Masung-gun, the Defendant, a mother of the Defendant, for sale.

The above sales contract is based on the premise that E purchases three parcels of land adjacent to the land in this case and implements the new construction of an apartment. The total price shall be KRW 600 million, but it shall be KRW 200 million at the same time as the transfer of ownership and the purchase of adjoining land, and if E implements the new construction of an apartment for the land in this case, E actively cooperates with the purchase of adjoining land, the remaining amount of KRW 400 million shall be paid, but if the construction is not commenced, the contract shall be restored to its original state.

According to the above land sales contract, the Defendant received gold KRW 200 million around February 18, 2014, and completed the registration of ownership of the instant real estate with the head of E headquarters J, Cho Jae-in.

2. The false accusation E purchased the land adjacent to the instant land, such as the foregoing F, and attempted to undertake new construction of an apartment, but failed to purchase the adjacent land, the Defendant requested the termination of the contract and demanded the return of the down payment KRW 200 million.

On October 7, 2014, in order to avoid the obligation to return the down payment, the Defendant entered into a sales contract with I, K, and J to purchase the land of this case at KRW 600 million and completed the registration of ownership transfer at the public service center of the Gwangju metropolitan public prosecutor's office located in Dong-dong, Gwangju, Gwangju, and filed a false complaint with I, K, and J without paying any balance of KRW 400 million.

Summary of Evidence

1. I's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on L;

1. A complaint;

1. A real estate sales contract and a joint contract;

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