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(영문) 의정부지방법원 2020.10.30 2019고단5054
무고등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2019 Highest 5054" is the seller of the land and the buildings outside B and 4, and the victim C is the buyer of the above real estate.

On June 5, 2017, the Defendant decided to sell the above real estate of the Defendant to the victim in total amounting to KRW 530 million between the victim and the victim at the victim’s request. Upon the victim’s request, the Defendant agreed to prepare a so-called “business contract” as if the purchase price of the above real estate was a cause of KRW 710 million in order to reduce capital gains tax when disposing of the above real estate in the future. The Defendant drafted a real estate sales contract stating the purchase price of KRW 710 million.

1. Around July 2018, the Defendant drafted a false complaint against the above C at the Yangju-si Board.

The written complaint states, “A Party C, the complainant, purchased KRW 710,00,000,000,000,000,000,000,000,000,000,000,000, not paid for the remainder of KRW 24,000,000,000, in spite of the purchase of KRW B and 4,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, the Defendant and the above C determined the purchase price of the above real estate as KRW 530 million, and the contract in which the purchase price was KRW 710 million was stated as KRW 180 million higher than the actual transaction price. The above C paid KRW 490 million out of the purchase price in consultation with the Defendant, and completed the registration of ownership transfer of real estate, and the remainder of KRW 40 million was awarded a successful bid of “G” land equivalent to KRW 30 million for the Defendant, and KRW 10 million was left to settle the cost of disposing of garbage, etc. in the above real estate.

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