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(영문) 서울서부지방법원 2016.03.31 2016고단40
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 22, 2012, the Defendant entered into a contract to sell “C 401” (hereinafter “C 15,400,000,000 won”) owned by the Defendant at the Eunpyeong-gu Seoul Real Estate Brokerage Office (hereinafter “C”), and drafted a “business contract” in which the purchase price is KRW 175,00,000,000,000. At the same time, the Defendant pretended to receive KRW 21,00,000,000,000, which is the difference between actual transaction prices, from F, and received KRW 36,00,000 from F under the pretext of the contract deposit, and returned KRW 21,00,000,000 from F.

On the other hand, in preparing the above transaction contract in the above position, the defendant signed the above transaction contract and affixed the defendant's seal imprint letter on the seller column, and affixed the defendant's seal imprint letter on the next side, and the defendant issued receipts to receive KRW 30 million (including the amount including KRW 15 million paid by Gu, who was the initial purchaser of the purchase) and KRW 21 million (the difference between the purchase price under the transaction contract and the actual transaction price) from F and delivered the defendant's seal imprint copy to F.

Nevertheless, around June 2013, the Defendant filed a civil suit, such as a loan claim against the Defendant along with the above sales contract and receipts, etc. attached, and submitted a false statement to the Seoul Western District Public Prosecutor's Office on October 10, 2014, stating that “F is forged the sales contract and receipt two copies of the loan of this case, and attached them to this, the Defendant received the loan complaint and the request for disposal of the loan of this case from the court. In so doing, the Defendant filed a false statement with the public prosecutor's office of the Seoul Western District Public Prosecutor's Office on June 10, 2014.”

As a result, the defendant accused F with false facts for the purpose of having the F criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1.F.

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