beta
(영문) 대구지방법원 2018.08.10 2017고단4953

무고등

Text

Defendant

A Imprisonment with prison labor for any of the crimes set forth in Section 2, 4, and 8 of the holding.

Reasons

Punishment of the crime

[2] On May 1, 2015, Defendant A was sentenced to a suspended sentence of one year of imprisonment with prison labor for embezzlement, etc. at the Daegu District Court on December 13, 2016. On September 22, 2017, Defendant A was sentenced to six months of imprisonment with prison labor for perjury and two years of suspended execution, and the judgment became final and conclusive on November 28 of the same year. On December 22, 2017, Defendant A was sentenced to five years of imprisonment with prison labor for fraud, etc. at the same court on December 22, 2017, and the said judgment became final and conclusive on March 29, 2018; Defendant B was sentenced to two years of suspended sentence of eight months of imprisonment with prison labor for fraud, from the Daegu District Court on September 13, 2017; Defendant C was sentenced to a suspended sentence of imprisonment with prison labor for the same period on September 30, 2017.

"2017 Highest 4953"- Defendant A

1. On February 2017, the Defendant drafted a false complaint with respect to F as the representative director of the E Co., Ltd. located in Daegu Suwon-gu E Co., Ltd., and as the neighboring mortgagee around February 2017.

The complaint is that F will make an investment of KRW 1 billion in E Co., Ltd. in terms of the development cost of Ulsan-gun G and H (hereinafter referred to as “I forest”) in Ulsan-gun G and H (hereinafter referred to as “I forest”).

On the other hand, it was false to set up a mortgage on I forest and field. However, F did not make an investment, and it was the fact that F was punished for receiving a successful bid price by using the right to collateral security.

However, in order to obtain bank loans, the Defendant requested F to change the order of priority and provided F with the existing obligation as the secured claim, and did not have been able to obtain an investment of KRW 1 billion from F. Based on this, the Defendant did not set up a false mortgage on I forest land.

On February 10, 2017, the Defendant submitted the above complaint to the employees in charge of name in the Daegu District Public Prosecutor's Office located in 2-dong, Daegu Suwon-gu.

As a result, the defendant made F a false accusation for the purpose of having F punished criminal punishment.

"2017 Highest 5303 - Defendant A, and .