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(영문) 대구지방법원 상주지원 2017.02.14 2016고단202
무고
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 2015, the Defendant entered into a contract with F to sell E-factory and factory sites, and machinery inside a factory to F for KRW 900 million when the Defendant was permanently located at the end of the period, and F succeeded to the secured debt (debtor, Defendant, creditor bank) established on the above factory, etc., and F agreed with F to pay the said debt by obtaining a loan from another bank by using a contract for the sale and purchase of the above factory, etc., and for this purpose, F entered the amount of the transaction contract as KRW 920,000,000,000, not KRW 900,000,000,000,000,000

On February 20, 2015, the Defendant: (a) entered into a sales contract in HDaa located adjacent to G on February 20, 2015, stating the purchase price as KRW 1.2 billion for the above factory, etc.; (b) there was no fact that F changed the purchase price to KRW 1.2 billion and forged the contract.

Nevertheless, on November 19, 2015, the Defendant entered into a contract to sell the factory site, factory site, and machinery to F for KRW 900 million through the law firm B attorney-at-law office, and the Defendant arbitrarily changed the purchase price to KRW 1.2 billion and forged the purchase and sale contract, and submitted the forged transaction contract to the Nonghyup and the court to the public service offices of the resident police station, and made a false statement to the police officer assistant I in charge at the above police station investigation and intelligence team office on December 2, 2015.

As a result, the defendant made F a false accusation for the purpose of having F punished criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness F (the purport that, under the agreement with the defendant, a sales contract stating the purchase price as KRW 1.2 billion was prepared on condition that he/she pays the transfer income tax, and that the transfer income tax was fully paid);

1. The witness J’s legal statement (the purchase price is actually made from the Defendant).

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