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(영문) 수원지방법원 평택지원 2018.04.19 2017고단1840
무고
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment 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 2015, the Defendant: (a) in the “D Judicial Scriveners Office” located in Pyeongtaek-si C, the Defendant did not use the money of the Defendant Nonparty Nonparty to cancel the registration of provisional attachment, etc. established on September 2015, 2015 on the land of Pyeongtaek-si G G 1287m2 and four lots owned by Pyeongtaek-si G G 12287m2; (b) there was no obligation relationship between the Defendant Nonparty and F; and (c) even though there was no consent to the transfer of the claim, the Defendant did not have any obligation relationship between the Defendant Nonparty and F; (d) in cancelling the registration of provisional attachment, etc., the Defendant Nonparty did not receive reimbursement from the Defendant Nonparty A, in return for cancelling the registration of

On September 8, 2015, the complainant, obtained the consent to transfer the claim amounting to KRW 500 million among the claim amounting to KRW 700 million that was created by collateral security on the F-owned Pyeongtaek-si H and I land, and the complainant, upon receipt of documents necessary for the transfer of the claim from the complainant A, he/she prepared a complaint stating that the complainant acquired property benefits by completing registration of partial transfer of the right to collateral security amounting to KRW 500 million in the name of the obligee of the respondent, the maximum amount of the claim amount, in the name of Justice, on September 8, 2015, and submitted the above complaint to the Suwon District Public Prosecutor's Office on the same day.

However, in order to cancel the provisional attachment registration, etc. established in F’s land (other than Pyeongtaek-si G, 1287 square meters, 4 square meters, etc.), at the request of the Defendant (Appellant), the Defendant Nonparty (E) used the amount equivalent to KRW 253 million, such as the funds borrowed from J, and repaid F’s obligations. Accordingly, the Defendant transferred KRW 50 million, among the Defendant’s claims, to J around September 8, 2015.

The court notified the defendant and completed the registration of additional description of the right to collateral security in the name of the defendant with the maximum amount of the claim KRW 500 million.

Accordingly, the defendant submitted a false complaint to the victim E for the purpose of having the victim E punished criminal punishment.

Summary of Evidence

1. Legal statements of witness E and M;

1. The second public trial protocol; and

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