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(영문) 대전지방법원 서산지원 2020.01.22 2018고단1158
무고등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around August 2017, the Defendant: (a) transferred 3/5 shares (the name of the complainant) of 2/5 shares (the name of the complainant) in the land B and C (hereinafter “the land of this case”) in Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant (hereinafter “Defendant”) to the Defendant Nonparty D and the Defendant Nonparty E; (b) agreed that the complainant paid KRW 250 million to the 2/5 shares (the name of the Defendant F) of the land of this case, which the complainant had not been paid after entering into a contract to acquire from the Defendant Nonparty; and (c) agreed that the complainant paid KRW 2/500,000,000 to the Appellant, the Defendant refused to accept the registration period for transfer of ownership of the 2/5 shares and embezzled the said shares without consent of the complainant; and (d) “E, the Defendant Party,” was present in the lawsuit against the Defendant Nonparty for transfer of ownership shares, and has received KRW 500,000,000,00 from the Defendant Nonparty.

However, in fact, D, E, and F did not agree to offset the Defendant’s 2/5 share of the instant land at the time of the transfer of the 3/5 share of the instant land by the payment of the remaining purchase and sale amount of the 2/5 share of the instant land, and D, etc. still held the Defendant’s claim for remaining purchase and sale, so three persons, such as D, etc., did not have embezzled the Defendant’s property or testified E

Nevertheless, on August 16, 2017, the defendant submitted a written complaint to the police officer in non-name in relation to D, E, and F containing false facts at the Seosan Police Station, which was located in Seosan-si 327, Seosan-si.

Accordingly, the defendant reported false facts to public offices or public officials for the purpose of having D, E, or F punished criminal punishment.

"2018 Highest 1203" 1.

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