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(영문) 서울중앙지방법원 2013.05.23 2012고정5062
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around March 30, 2011, when the Defendant borrowed KRW 220 million from D running “C” to March 30, 2011, a total of four times from around December 24, 2010 to around March 30, 2011, the Defendant entered into a sales contract by entering into an agreement with D on the transfer of ownership on the ground of sale and purchase of “Seoul Seo-gu, Seoul, Seomun-gu, 93 square meters, Seoul, and 149 square meters,” which is owned by the Defendant, if he/she fails to pay up to June 30, 2011, the Defendant: (a) entered into a sales contract by entering into an agreement with D on the transfer of ownership; (b) even if D voluntarily approved that D voluntarily put his/her seal on the sales contract at the time of transfer of real estate, thereby failing to pay the said land by the agreed date; and (c) registered the transfer of the said land under D’s name, thereby filing a complaint for the transfer of ownership under the Defendant’s sales contract.

On February 2, 2012, the Defendant issued several documents, such as a letter of delegation in blank, certificate of personal seal impression, etc., at the office of the fourth-story Law Firm H of the Seocho-gu Seoul Metropolitan Government Building (referring to the Defendant). On March 5, 2012, the complainant heard from the office of the senior licensed real estate agent, that the instant real estate is being transferred to C corporation on the ground of sale and purchase on June 17, 2011. However, there was no fact that the complainant entered into a sales contract on the instant real estate with the Defendant, and the sales contract presented to the registry at the time of the application for the registration of transfer was prepared by the complainant. In other words, on March 5, 2012, the Defendant Nonparty prepared a letter of complaint stating that “The instant real estate is arbitrarily transferred to the name of the Defendant Company, by forging-dong Police Station in Gangnam-gu, Seoul Special Metropolitan City.”

The defendant on March 21, 2012.

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