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(영문) 서울중앙지방법원 2015.12.03 2015고단6681

무고

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 30, 2014, the Defendant was indicted with a charge of false accusation, etc. at the Seoul Central District Court and appealed on June 4, 2015, and is still pending in the appellate trial.

[Attachment] Around November 2010, the Defendant and the Defendant (hereinafter “C, etc.”) leased the D site of Sungnam-si from C and six other (hereinafter “C, etc.”) on the condition of KRW 300 million, monthly rent of KRW 28 million, and five (5) years of lease, and subsequently, the Plaintiff and the Defendant tried to transfer his business rights to GSI date on the said site, on the grounds that he was operating the SIE market from February 201 to February 201, on the following grounds: (a) he was operating the SIE under the name of “EM”); and (b) registered the preservation of ownership under the name of the Defendant; and (c) he was operating the SIE on the grounds that his business performance was poor, etc.

Around March 2012, the Defendant and B heard the phrase that the owners of the building site and the building are different from the owners of the building site and suggested that they will not accept the business right, and that they cannot receive KRW 1,350,000,000,000,000,000 from the owner of the building site, instead of delivering the above assembly building free of charge to C, etc. who are the owner of the building site, they leased the building on the GSS date.

However, as C et al. refused the proposal on the grounds of gift tax burden, the Defendant and B sold the above building "Em" to C et al. who is the site owner at the end of March 2012, the Defendant and B, as if they sold the building in KRW 300 million, made a sales contract and made it possible to reduce the amount of tax payable, and C et al. deposited KRW 300 million into the Defendant's account in the name of the Defendant, and put the passbook and seal in the Defendant's name to C

After that, on April 4, 2012, the Defendant and B drafted a sales contract to sell the building “Em” to C, etc. at the office located in Mapo-gu Seoul Metropolitan Government F for KRW 300 million. On the same day, C, etc. deposited KRW 300 million with the Defendant’s account as above, and withdrawn KRW 300 million from the said account on April 5, 2012.

【Criminal Facts】

As above, the Defendant entered into a sales contract.