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(영문) 전주지방법원 정읍지원 2017.06.29 2016고단502
무고
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2015, the Defendant made a false statement to the effect that he/she would purchase the real estate of 11 parcel, including the first parcel of real estate (hereinafter “instant 11 parcel of real estate”), at the office of the law firm B, Seo-gu, Seoul Special Metropolitan City, and that he/she would have an employee in the name of the head of the company F with limited liability, and that on March 26, 2015, the Defendant entered into a sales contract with A to purchase the said parcel of real estate (hereinafter “instant 11 parcel of real estate”), including the first parcel of real estate, located in the North Korean State prior to the ownership of G, H, and limited company F.

However, in fact, E had completed registration of the establishment of a right to collateral security with the purport of KRW 80 million with respect to three parcels of real estate (hereinafter referred to as “three parcels of real estate”) including J, K, and L, the former owner of the F Co., Ltd., the F Co., Ltd. (hereinafter referred to as “three parcels of real estate”) in the first piece of real estate in this case, which is not known to A on the same day, and there was no intention or ability to enable A to acquire the full ownership of the said three parcels of real estate.

Nevertheless, E prepared a false statement stating that he obtained KRW 220,000 from A for the purpose of the purchase price, and acquired it, and submitted it to the public service center of the police station located in the area where the 33th place is located in the Haban-gun, North Korea, on November 27, 2015, and received it as a complaint case.

However, at the time of the instant case, the Defendant did not have the ability to pay the purchase price for the instant parcel 11 as the market price. As such, in consultation with E and the instant parcel 11 real estate, there was a fact that, while setting up a collateral security of the maximum claim amount of KRW 80 million for the said three parcels of real estate, E and N, a bondholder, agreed to set up a collateral security of KRW 80 million for the said three parcels of real estate and appropriate it for the purchase price. Accordingly, E is as stated in the written complaint.

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