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(영문) 창원지방법원 2015.01.14 2014고단628 (1)
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The victim C was the owner of the factory D and E (hereinafter referred to as the "this factory") in Ulsan-si, Ulsan-si, Ulsan-si, and the defendant decided to lease this factory from the victim around October 20, 201.

In order to register the factory of this case, the Defendant proposed a promise to purchase and sell this case’s factory (the content that the Defendant will take over the above factory from the injured party after two years) to the injured party, and around December 6, 2011, the Defendant affixed his seal on the name of the accused stated in the purchase and sale reservation, or had the F affix his seal upon permission by the accused.

On the other hand, the Defendant failed to pay rent for the factory from March 2012, and around July 2012, the victim took over a factory in the vicinity of the factory and moved it to a new factory. The Defendant filed a claim for refund of the remaining lease deposit against the victim, and provisionally seized the factory (Ulsan District Court 2012Kadan4854).

When filing an objection against the above provisional seizure, the victim argued that “10 million won of the above lease deposit was the deposit deposit of the above purchase and sale, and thus, the above 100 million won should be attributed to the victim because the defendant renounced the purchase and sale promise,” and submitted the above written promise to the relevant court.

On January 23, 2013, the Defendant submitted a written complaint to the public service center of the Ulsan District Police Station to the effect that “the complainant (defendant) affixed a seal on the purchase and sale agreement for the factory as of December 6, 2011, and the Defendant (victim) arbitrarily affixed the seal and forged the written promise to sell and purchase.”

However, as seen earlier, the Defendant affixes his seal or affixed his seal on the name of the Defendant in a pre-contract for sale and purchase of this plant with the victim or the Defendant.

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