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(영문) 수원지방법원 2016.10.12 2016고단1139
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, jointly investing with E, sold the F forest land of 8,132 square meters (hereinafter “F forest”) in the name of E in the name of E, and completed the registration of ownership transfer on January 31, 2002. The indictment in the wife population G G indictment in Yongsan-si stated “H forest”, but appears to be a clerical error in the “G forest”.

On December 20, 2002, a forest land of 34,998 square meters (hereinafter “G forest”) was adjudicated under the Defendant’s name and completed the registration of ownership transfer on December 20, 2002.

F Forest land was acquired through consultation by the Korea National Housing Corporation and transferred from D to the Korea National Housing Corporation on December 22, 2006. The Korea National Housing Corporation paid D compensation of KRW 1,608,788,020.

E, Defendant 1’s husband, and Defendant 1 agreed on the allocation of the above compensation, and the purport was that “The Defendant, who was the nominal titleholder, prepared a statement of performance on January 14, 2007 to E, and “The Defendant recognized the Defendant’s right to 50% of G forest land to D,” and “E deposited KRW 400 million into the Defendant’s account on January 15, 2007.”

G Forest land was decided to commence voluntary auction at the request of the Mapo Credit Cooperatives on August 27, 2010, and was knocked in KRW 646,790,000 on January 5, 2011, and was paid in KRW 303,872,190 to the Defendant.

On January 14, 2011, the Defendant and E filed a lawsuit against the Defendant to return unjust enrichment of KRW 191,683,900 in relation to G forest dividend. In the course of the lawsuit, the Defendant and E submitted, as evidence, a statement of performance and the receipt on January 14, 2007, stating that he/she received half of the amount of F forest compensation.

1. On November 20, 201, the Defendant drafted a false complaint for the purpose of having E criminal punishment at the J attorney-at-law office located in Suwon-si, Suwon-si.

The accusation shall be prepared on January 14, 2007 in the name of the complainant, etc. with respect to F forest land.

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