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(영문) 수원지방법원 2014.09.04 2012재고단14

무고

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 20, 2009, the Defendant, along with E, prepared a promissory note with the issuer as the Defendant and E, face value of KRW 65 million, and the payee as F and G (hereinafter “F, etc.”) at a notary office located in Suwon-si, Suwon-si, Suwon-si, the Defendant issued a notarized deed, and the F, etc. received a seizure and collection order with respect to the Defendant’s deposit claims on November 5, 2009, with the title of execution.

Around December 16, 2009, the Defendant: “F et al. started to drive away from the building owner due to long-term default on the rent of L hotels leased and operated by F. F. F.F., around August 20, 2009; “I will return to the owner of the hotel if I wish to prepare a certificate of loan of KRW 65 million; I would make the Defendant prepare a certificate of loan of KRW 65 million to F.F., etc. on September 20, 2009; “I will return the certificate of loan of KRW 65 million to F. F., etc.; I would make the Defendant use of a certificate of loan of KRW 65 million; and “I will return the certificate to F.I.D., if I.D. demand notarial acts by the owner of the hotel building; and on the basis of this, I would make the Defendant notarized by writing a promissory note; and, on the basis of this, I would like to have the Defendant obtain the Defendant’s deposit in the bulletin board of the Anti Rights & Civil Rights Commission.”

2. The Defendant and his defense counsel’s assertion that “The rent of a L hotel operated by F, etc. has been driven away due to a long-term default, and thus, if preparing a formal loan certificate, it will only show it to the owner of the L hotel building and return it to him/her,” the Defendant and his/her defense counsel’s assertion is based on trust, preparation of a loan certificate, preparation of subsequent bills, and the authentication thereof.”

However, F, etc. is actually based on the Notarial Deed and is against the Defendant.