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(영문) 의정부지방법원 고양지원 2017.10.19 2017고단1566
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 became final and conclusive.

Reasons

Punishment of the crime

On September 2015, the Defendant introduced D around 2015, and consulted D about the issue of the repayment of loans that he/she has received as security, etc. with respect to the her husband's divorce lawsuit against the her husband and the payment of loans that he/she has received as security of the 203 Dong-gu 203 Dong-gu 804 (hereinafter referred to as this case's apartment house), and decided to dispose of the apartment house of this case, which is economically difficult and economically difficult, and pay the above loans.

On April 18, 2016, the Defendant: (a) sold the apartment in this case to D’s friendship F, with the total purchase price of KRW 520 million; (b) paid the down payment of KRW 50 million at the time of a contract; and (c) the remaining amount of KRW 470 million is KRW 470 million at the time of a contract; and (d) drafted the “Real Estate Sale Agreement” in lieu of F’s acquisition of a loan obligation to HK Savings Bank, a mortgagee established in the apartment in this case.

However, the Defendant and F agreed that the actual purchase price of the apartment in this case shall be substituted by the F to take over the above loan obligations, but the Defendant disposed of the apartment in the course of a divorce lawsuit with the husband’s “in the course of a divorce lawsuit,” which is not more than the Defendant.

On April 18, 2016, the Defendant agreed to enter the contents of the contract deposit in addition to the down payment of KRW 50 million in the deleted contract, and accordingly, the F deposited KRW 50 million from D’s wife G to the new bank account in the name of the Defendant and pretended to have paid the down payment to the Defendant. The Defendant deposited approximately seven minutes after the deposit of KRW 50 million into G’s account and returned the down payment.

Nevertheless, on October 10, 2016, the Defendant sold the apartment house to F and paid the down payment of KRW 50 million to F, but D is one of the husband's divorce lawsuit with the husband, which is the case of this apartment.

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