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(영문) 서울서부지방법원 2021.01.08 2020고단1614
무고
Text

Defendants are innocent.

Reasons

1. Defendant A is a police officer who served as an Inspector in the Mapo Police Station C, Seoul, and the Defendants are married with each other.

On May 30, 2017, the Defendants concluded a sales contract with the F Office located in the first floor E (hereinafter “F”) of Eunpyeong-gu Seoul Metropolitan Government D apartment (hereinafter “D apartment”) around May 30, 2017 for the purchase of D apartmentK from the seller I (Korean Agent J) after receiving H’s brokerage as a cause of certified brokerage G and brokerage assistance. The Defendants agreed on June 30, 2017 for the remainder payment date.

On July 26, 2016, Defendants paid and owned the balance of D Apartment L, which constitutes a single-household 2 housing owner, and thus constitutes subject to income tax at the time of sale. Defendant A found He around September 10, 2018 to be exempted from transfer income tax after selling D apartment L around September 10, 2018, and requested H to prepare a non-taxable document on capital gains tax, but H refused to do so. Around that time, the Defendants received a notice of payment of KRW 50,000,000 from the ordinary tax office to pay income tax on transfer of approximately 50,000 won.

Accordingly, Defendant A prepared a false complaint with respect to G and H using a computer for the purpose of having G and H receive criminal punishment in the Mapo Police Station Situation Office located in Mapo-gu Seoul, as Seoul Mapo-gu.

On May 30, 2017, the complaint states that "A private person who illegally lends his/her certificate of qualification to H, and around May 30, 2017, H is punished as if he/she was a certified broker, and the real estate intermediary was engaged in real estate brokerage business." There was no fact that H performed as a certified broker. At the time of entering into a real estate sales contract on May 30, 2017, G signed and sealed it directly on the column of the certified broker of the contract.

Nevertheless, on December 14, 2018, the Defendants were jointly signed by Eunpyeong-gu Seoul Metropolitan Government Police Station in Eunpyeong-gu, Seoul around 365.

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