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(영문) 의정부지방법원 고양지원 2017.06.29 2017고단844
무고
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 29, 2014, the Defendant drafted a sales contract with the owner D and C 102 Dong 302 Dong 302 (hereinafter referred to as “instant 302”) with the content that the sales price shall be KRW 135 million at the Gyeyang-gu Seoul Metropolitan Government sales office.

The Defendant promised to receive 125 million won from the financial institution as collateral and to pay the remainder of 10 million won with credit loans from the financial institution to the E division in charge of the sale of the above-sale price on behalf of the owner D.

In addition, the secured loan by financial institutions is generally limited to 70% of the sale price, so the defendant and E created a sale price of KRW 165 million in order to obtain a loan of KRW 125 million, and mutually agreed to submit it to financial institutions. On July 30, 2014, the fishery cooperatives located in the Dong-gu Incheon Metropolitan City, which received the loan of KRW 125 million as security, from the owner of the building with the loan of KRW 302,5 million in the sale price of the loan of this case.

On August 14, 2014, while the Defendant moved into and resided in the instant case No. 302, the Defendant was able to file a claim for damages equivalent to KRW 8 million in the name of the repair cost incurred from the management of the remaining sales price of KRW 10 million and the water tap, and the Defendant was willing to file a claim for damages of KRW 165 million in the form of a sales contract. As such, the Defendant was willing to file a claim for damages of KRW 165 million in the form of a forgery of the private document and the relevant investigation document.

On October 2016, the Defendant prepared a false complaint against D and E through an appellant at a non-permanent place.

A written complaint contains that “D and E, without authority, forged a false sale agreement with the suspect stating 165 million won of the sale price in the name of the suspect on July 2014, and submitted it to the registration office around July 31, 2014, and exercised it.” The phrase “a request for punishment is made,” or as above, KRW 165 million of the sale price.

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