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(영문) 춘천지방법원 속초지원 2016.06.03 2014고단564
사문서위조등
Text

Defendant

A Imprisonment with prison labor for three years and six months, for eight months, and for eight months, for Defendant C, respectively.

However, Defendant C.

Reasons

Punishment of the crime

Defendant A is a person who actually controls and operates I Co., Ltd. (J, Co., Ltd., Ltd. prior to the change of trade name on May 26, 1997, hereinafter “I”).

Defendant

A: (a) On May 23, 1997, K and L land of the Gangwon-gun, Gangwon-gun, and completed the registration of transfer of ownership in the I future. At the time, on the above K land from December 1994 to December 2, 1996, a condominium building (hereinafter “the instant building”) where construction was being carried out under the delegation from the owner of this building (the death around December 201) was suspended; and (b) N performed a construction work under the above network M’s contract from August 1996 to October 196, 196, but did not receive KRW 62,499,000 from the network M.

On July 11, 2002, the network M obtained the status of the owner by winning a lawsuit claiming the performance procedure for the change of the main owner of the construction of the above building and acquired the status of the owner. On July 19, 2002, the network M issued a promissory note with a face value of KRW 350 million at the face value in the name of the O Co., Ltd. (hereinafter “O”) with respect to the construction cost unpaid to N on July 19, 2002, and conducted notarial deeds. On the same day, Defendant A, the owner of the land, gave guarantee on the said promissory note in the name of the owner of the land.

On July 29, 2004, the deceased M transferred the status of the owner of the building to theO he operated, and on the same day, the defendant A and the "I sold the above K and L land to theO in gold KRW 1.8 billion (or KRW 2 billion). However, if theO fails to pay the price, it would exceed the building (the owner and the approval of the project) under the condition that I will obtain the right to appoint 1/2 of shares and one director," but the contract was concluded with the defendant and the defendant continued to conflict.

Defendant

A filed a lawsuit against around 2006 for the performance of the registration procedure for the transfer of ownership of a building according to the above sale contract, and on October 2, 2007, “O until January 20, 2008” and L.

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