logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2016.02.05 2015고단539
무고
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 12, 2014, the Defendant submitted a written complaint to C at the public service offices of the Daegu District Public Prosecutor's Office located in Yongsan-gu, Daegu District Public Prosecutor's Office.

The petition did not contain an agreement with C on the repayment of the forest land located in Daegu District Court D (hereinafter “the forest land of this case”). Nevertheless, on September 4, 2007, C filed a claim for the delivery of land against D and submitted a invalid real estate sale contract against D and received a favorable judgment on May 1, 2009, and C was punished for fraud.

However, in the course of settling the remaining debts on April 18, 2001, while the Defendant engaged in the real estate trade business, and engaged in money transaction from around April 2000 to March 2001, the Defendant agreed to repay the forest land of this case with the content that “the forest of this case shall be appraised as KRW 110 million, but if the Defendant pays KRW 120 million to C, he returned the forest of this case, and the title of ownership shall be trusted to E,” and on April 27, 2001, he completed the registration of transfer of ownership in the name of E with respect to the forest of this case.

Therefore, C does not have any fact of deceiving the court in filing a claim for extradition of the above land. Moreover, the existence of the repayment agreement and the validity of the real estate sale contract, which is the evidence thereof, of the Daegu District Court 2001 High Court 7696 High Court 7696 High Court 2002 High Court 2002Na 17614, 2005Na 15268 and the subordinate branch office of the Daegu District Public Prosecutor's Office 2007 High Court 2007 District Public Prosecutor's Office 3248 was confirmed several times, and the defendant was well aware of such fact.

Accordingly, the defendant submitted a false statement to C for the purpose of having the criminal punishment imposed upon C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A written petition;

1. A copy of the judgment of revocation of fraudulent acts;

1. Daegu District Court Decision 2001 High Court Decision 7696 decided May 1, 198

arrow