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(영문) 서울서부지방법원 2018.06.19 2017고정1437
무고
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

[Reference Facts]

1. On September 4, 2015, B, the Defendant, as the premise related to the real estate No. 1, entered into a real estate sales contract with C and Eunpyeong-gu Seoul Metropolitan Government D E E (hereinafter “1 real estate”) with a down payment of KRW 30 million and KRW 270 million (total purchase price of KRW 30 million) and with a balance of KRW 270,000,000 (total purchase price of KRW 300,000), and with a loan of KRW 1 billion from F to KRW 230,000,000, out of the loans, the Defendant shall pay KRW 198,000 as a security, and completed the registration of transfer of ownership on or around October 19, 2015.

In addition, B prepared a certificate of cash custody of KRW 300 million around September 4, 2015 and issued a certificate of cash custody of KRW 100 million around September 24, 2015 to C in order to verify the intention to pay the purchase price.

However, in order for C to not pay approximately KRW 100 million out of the sales price of the real estate No. 1 even if B acquired the registration of ownership, it filed a lawsuit claiming the agreed amount based on the increase in cash storage and sales agreement with the Seoul Western District Court around October 21, 2016.

2. On July 22, 2016, G, the dependent of the Defendant, entered into a real estate lease agreement with H and Eunpyeong-gu Seoul (hereinafter “second real estate”) on the lease of KRW 85,00,000 with the former tax amount of KRW 85,00,00, around July 22, 2016, and C as an authorized intermediary, as a broker, arranged this lease agreement.

On the other hand, H, the owner of No. 2 real estate, entered into a real estate sale contract with K and 2 real estate at KRW 120 million on June 20, 2016, and C, as an authorized intermediary, has mediated this sale contract, and K completed the registration of transfer of ownership on August 18, 2016 for the real estate No. 2.

After that, on August 22, 2016, K entered into a sales contract to sell the Defendant’s ASEAN and 2 real estate in KRW 123 million, and C has arranged this sales contract as a certified broker, and B completed the registration of transfer of ownership on September 2, 2016 for real estate.

Han Part B is loaned KRW 79 million as security at L.

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