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(영문) 수원지방법원 안양지원 2020.04.01 2019고정665
무고
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 13, 1998, the Defendant, together with B and C, purchased the said real estate (hereinafter “instant land”) jointly with the Defendant agreed to have a share of 400 square meters, C, 300 square meters, and B 820 square meters, among approximately 1,520 square meters in the aggregate of 3,568 square meters, E, P, E, P, and F, P, P, P, P, and 797 square meters in P, P, P, P, and C.

However, as B did not establish a farmer, the Defendant and C completed the registration of ownership transfer of each 760 square meters, and later, the Defendant agreed to 360 square meters, and C agreed to 460 square meters, respectively.

On December 5, 2016, the defendant, at the defendant's house, managed the land of this case for B for 20 years, and paid taxes for the 20 years, the defendant was at the time of registering the transfer of 340 square meters excluding the 20 square meters which is the price for the land of this case. The defendant confirmed the real estate sales contract, power of attorney, confirmation document, document of registration, H apartment, I, resident registration numberJ, and transfer of ownership for the purpose of registration prepared by G using a computer with G as well as G of B and B, and affixed the defendant's seal on the confirmation document.

B, however, by taking advantage of the fact that the aged defendant was not well aware of the shares, B entered shares (5393/2000) in the sales contract instead of ordinary shares, and completed the registration of ownership transfer in B with respect to 410 square meters exceeding 340 square meters and 70 square meters that the defendant would receive from the defendant after obtaining the seal from the defendant in the sales contract.

When the Defendant came to know that more land than the agreement was transferred to B in the course of borrowing the above land as collateral, he concealed the fact that B was transferred in excess of 70 square meters, and tried to invalidate B’s ownership transfer registration in whole.

On November 16, 2018, the defendant had the head of Suwon District Prosecutors' Office before the Suwon District Prosecutors' Office, and had K of a certified judicial scrivener who participated in the process of ownership transfer registration in the name of B against the above 410 square meters, to be subject to criminal punishment.

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