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(영문) 의정부지방법원 고양지원 2018.02.05 2017고단623

무고

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged [the premise fact] on July 11, 2003, the Defendant established F Co., Ltd. F for the purpose of constructing and selling “E”, which is a hotel, officetel, and composite commercial building, on the land D (hereinafter “instant land”), Jung-gu, Incheon (hereinafter “instant land”), and registered as the representative director of the instant company from September 12, 2007 to July 27, 2015; H was re-registered as the representative director of the instant company on December 30, 2014; H was re-registered as the representative director on July 21, 2014; the representative director on July 21, 2015; and the Defendant was re-registered as the representative director on July 21, 2015; and the representative director on July 21, 2015; and the Defendant was re-appointed on July 20, 2015; and the Defendant was re-appointed on the same ground that he/she had been appointed on July 15, 2015.

Meanwhile, on the other hand, on June 3, 201, I, the representative director of H, lent KRW 200 million to F with funds necessary for the business related to the construction of officetels, etc. on the instant land, and entered into a contract under which H would receive repayment by December 2, 2011 (hereinafter “first contract”); and on August 10, 2011, F would make an investment of KRW 1.43 billion to F; and on April 2, 2012, it would receive reimbursement of KRW 2.4 billion (hereinafter “second contract”); and on April 26, 2012, it would make a loan of KRW 50 million to F; and on July 20, 2012, it would make a payment to each of the money (hereinafter “F”).

By December 2012, the Defendant was unable to make an amendment under the above 1, 2, and 3 contracts. Between H and H, the Defendant drafted a letter of performance of management transfer of stocks and management rights (hereinafter “instant implementation”).

The F presents the following conditions to I, and if not implemented, the F will transfer the management rights to the I representative director and at the same time complete the succession of F-related business, finance, operation, and other legal relationship as the F stocks held by the defendant and the representative director.