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(영문) 인천지방법원 2016.11.17 2016고단6013
무고
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Conclusion of a sale contract with the Defendant] On January 15, 2013, the Defendant entered into a sale contract with the said D to purchase each of the above land (hereinafter “instant land”) from D (the nominal owner in the register shall be D’s G), which is an actual owner of two lots of land (1,359 square meters in total of the area), including the land E, 1,059 square meters in Kimpo-si, Gyeonggi-do, and F forest land, and 300 square meters in size, etc. (hereinafter “instant land”) and paid 150 million won in the remainder of payment, etc.

[Modification of the content of a sales contract and the preparation of an agreement, etc.] The Defendant was required to construct and operate a factory on the ground when concluding a sales contract on the instant land, and the Defendant and D agreed to cooperate on necessary matters, such as diversion of farmland or construction of a factory at the time. However, on February 2, 2013, after signing a sales contract, the Defendant became aware that the Defendant’s development charges to be borne in the event of the construction of a factory by converting farmland into farmland would exceed (12 million won or more) anticipated the size of the Defendant’s development charges (12 million won or more).

Thus, the Defendant, around March 4, 2013, drafted a trade contract to the effect that “the purchase price of the instant land is KRW 68,2350,000,000 and the outstanding payment date are April 22, 2013,” by taking into account the development charges, etc. as seen above with respect to D and the instant land. Around April 5, 2013, the Defendant, along with D, prepared an agreement to the effect that “The real purchase price of the instant land is KRW 76,035,00,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,00,00

The registration of establishment of a right to collateral security.

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