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(영문) 인천지방법원 2020.01.07 2019고단3934
무고등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On September 20, 2019, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for the offering of bribe at the Seoul Central District Court, and the judgment became final and conclusive on December 12, 2019.

【Criminal Facts】

On November 26, 2015, the Defendant entered into a contract to purchase six parcels of land, including Kimpo-si D, Kimpo-si, 982 square meters (hereinafter “instant land”) in the name of E in a marital relationship with the Defendant at the time when he/she was married with the Defendant at the time of Kimpo-si (hereinafter “instant land”).

The Defendant agreed that B and the sales price that actually entered into an actual contract on behalf of the seller, who was the seller, would receive a loan as collateral, and completed the registration of ownership transfer for the instant land in the name of E without paying the price in full on December 30, 2015.

B The sales contract to be submitted to an enterprise bank to obtain a loan even if the down payment was not paid, was required to separately prepare a cash custody certificate ("written cash custody certificate") with the purport of paying the down payment 40 million won to the defendant, because it is likely that there is any legal dispute later because the contract amount was stated as the payment and receipt box at the time of the contract, and there was a concern that there is any legal dispute later.

Accordingly, on December 30, 2015, the Defendant, along with F as a broker of the instant sales contract, signed and sealed this certificate in order for F to receive cash storage certificate, daily cash storage certificate, KRW 40,000,000, and the above amount on December 30, 2015, and to clarify the custody of the said amount. In addition, the Defendant presented one copy of the cash storage certificate prepared with the purport that the said amount shall be returned on December 31, 2015, and submitted it to B and the Defendant, the name, resident number, address, and contact number of the Defendant in the column of the custodian, and the Defendant signed and signed it with the name, resident number, address, and contact number of the Defendant in the column of the custodian.

The defendant shall make a down payment.

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