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(영문) 서울서부지방법원 2016.03.25 2015노1913
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed a complaint with H and G to the effect that he/she forged the above sales contract, with the knowledge that G would prepare a new sales contract with the terms of March 11, 2013, stating that the payment date of the balance would be set up by March 11, 2013, and thus, it constitutes a crime of false accusation. However, the lower court acquitted the Defendant of the instant facts charged on the ground that he/she erred by misapprehending the facts.

2. In order to sell a house owned by the Defendant and located in Eunpyeong-gu Seoul Metropolitan Government E (hereinafter “instant house”) to G who operates the F Co., Ltd. (hereinafter “F”), the Defendant: (a) around February 18, 2013, at the office of real estate brokers H, sold the said house in KRW 695 million; (b) the down payment of KRW 50 million was paid on the same day; (c) the intermediate payment of KRW 100 million was paid on March 18, 2013; and (d) the remainder payment of KRW 540 million was paid on April 10, 2013; and (e) the seller and the buyer entered into a sales contract on February 18, 2013.

G was planned to build five lots of neighboring real estate, including the instant housing, and the remainder of the housing transaction for the Defendant was planned to receive loans from the Defendant as security.

However, there was a need to change the buyer from F to G personal because it is impossible for the buyer of the real estate transaction contract to make a loan to F. In addition, in the course of purchasing five parcels of neighboring real estate in addition to the instant house, there was an urgent circumstance to pay the balance to the seller of one of them until March 11, 2013.

Therefore, G talks about this situation to H, and H must again prepare a new contract with G to obtain a loan from the defendant.

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