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(영문) 대구지방법원 경주지원 2017.08.17 2016고정173

무고

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. In fact, the Defendant: (a) concluded a contract with the public prosecution and other D around July 201 to purchase the land for each factory at KRW 163,500,00 in 30,102 square meters of E forest land and 846,70,000 from the public prosecution and other D around July 201; (b) around October 10 of the same year, the Defendant purchased the land for each factory at KRW 1593 square meters of 1997 square meters and 1593 square meters of H 163,50,000 from the public prosecution and other F; (c) on the other hand, the Defendant was unable to pay the balance by August 2014, 2014; and (d) obtained a certificate of demand for the payment of the balance or termination of the contract from the sellers; and (e) obtained approval for the new construction of the factory at the time of racing due to the failure to pay the remainder of the forest land and the development cost of alternative forest resources; and (iii) the new construction of the arrears.

A corporation shall be transferred to I, but if the site of the factory is built and sold under the condition of the transfer, the transfer price of 1.344 billion won shall be paid, and if it is not sold, 2,500 square meters shall be replaced.

On August 5, 2014, the defendant and his J and his children living together with them prepared a contract for acquisition of the corporation and a contract for transfer of the shares in the place where they are gathered under the above conditions of transfer I, and transferred the corporation and the new factory site normally under the above conditions of transfer, and thereafter I completed the site creation of the factory.

In order to obtain criminal punishment against L, which introduced I, Defendant, and M and N, a joint representative director of C corporation, who was a director of C corporation, to obtain additional benefits other than the desire or existing terms and conditions of transfer desired to find the said corporation, the Defendant did not intend to file a complaint with the purport that he/she would have forged C corporation-related documents and acquired them falsely.

2. Criminal facts in collusion with the Defendant at the Daegu District Public Prosecutor's Office Branch, I, L, M, and N, and (1) around August 5, 2014, the Defendant filed a complaint with the intent to exercise the P Office located in P Office located in the racing-si.