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(영문) 제주지방법원 2017.02.16 2016고단2332
무고
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In fact, on September 2014, the Defendant: (a) concluded a sales contract on the share of 21/2089 square meters and the share of 1322 square meters prior to E, among the share of 2089 square meters and that of 21/2089 square meters (hereinafter “instant real estate”); (b) determined the sales price as KRW 220 million; and (c) agreed to prepare a real estate sales contract and return the transfer income tax based on the said sales price to reduce the transfer income to be borne by C. In order to reduce the transfer income tax to be borne by C.

However, around October 2015, the Defendant demanded C to refund KRW 95 million, which is the difference between the actual purchase price and the actual transaction price reported, from around 2015. However, the Defendant was willing to file a complaint with C with the purport that C was obtained by defraudation of the said KRW 95 million as C refused to do so.

On April 26, 2016, at a certified judicial scrivener office where it is impossible to know the trade name in Busan Metropolitan City, the Defendant made a false complaint stating that “In order to have C and his women in de facto marital relations with C and F, who are in de facto marital relations with C and C receive criminal punishment, the Defendant shall be subject to criminal punishment, and the Defendant shall file a false complaint with C and C, who shall not know the names of the public prosecutor’s offices located in the Jeju District Public Prosecutor’s Office located in the five-lane north of the Jeju District Public Prosecutor’s Office at the Jeju District Public Prosecutor’s Office, which is located in the five-lane north of the Jeju District Public Prosecutor’s Office at the time of the purchase of real estate, the actual selling price of KRW 125 million, which is KRW 220 million, and the difference shall be KRW 95 million, which shall be punished.”

In addition, on May 11, 2016, the Defendant appeared at the 1st office of the Western Police Station investigation at Seopopopo-si, Seopo-si, Seopo-si, and investigated the complainant’s statement, and stated, “F and C received KRW 220 million from the complainant, and delivered the difference to the seller, and then acquired KRW 95 million, which is the difference between the seller and the seller, and the seller of the instant real estate was unaware of who was the seller of the instant real estate until the issuance of the certificate of registration of the instant real estate from F until the delivery of the certificate of registration of the instant real estate.”

In this respect.

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