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(영문) 의정부지방법원 고양지원 2018.02.22 2016고단3053
무고
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 27, 2011, the Defendant was a person who leased 8th floor of the Dong-gu Incheon Metropolitan City E building owned by D and operated F after childbirth.

As the Defendant was unable to repay the loan of KRW 1 billion from G, on January 4, 2013, the Defendant entered into a contract with G to transfer all of the above FF’s 8th floor operation rights to G, and G from around January 14, 2013, operated the above post-industrial cook. The Defendant had the right to operate the post-industrial cook 8th floor with the name of the business operator.

Da Investments, July 5, 2013, G brought an application against the Defendant for a provisional injunction (No. 2013 Gohap Branch Court 2013 Gohap Branch Court 297) and a lawsuit for filing a claim for the delivery of a building (No. 51834 Gohap Branch Court 2013) against the Defendant, thereby winning the lawsuit on March 28, 2014.

On the other hand, D filed a lawsuit against G on February 19, 2014 against G to deliver the building to the foregoing eight floors (Seoul High Court Decision 2014 Gohap 1324) and won the case on October 10 of the same year, and D filed a lawsuit against G on October 10 of the same year, and D entered into a contract with G to transfer all the rights to lease to the above eight floors and nine floors, and G voluntarily withdrawn the said appeal.

D Around August 2014, during the 8th floor delivery lawsuit against G, intended to establish a post facto cook on the 9th floor of the building in question, and operated the Defendant on the ground of the president. G (at the same time, operated the post facto cook on the 8th floor building in question) to which the Defendant came to know was served on July 14, 2014, filed an application against the Defendant for provisional disposition, such as prohibition of business interference, etc. (Article 2014 Kahap24, hereinafter “instant provisional disposition application case”), and the Defendant was served with a duplicate of the said application on August 12, 2014.

Accordingly, the Defendant delegated the instant provisional disposition application case to H, and transferred the fee of KRW 2.2 million to H viaout this title on August 22, 2014 and the same month on August 23, 2014.

The defendant is detained on August 28, 2014 for a separate case and to a medical institution.

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