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(영문) 서울중앙지방법원 2018.04.26 2018고단604

무고

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2017, the Defendant drafted a false complaint against F and G with the aim of having the law firm E in Seocho-gu Seoul Metropolitan Government, F and G receive criminal punishment.

The written complaint confirms that “The entire shares of H are owned by the interested parties to the interest of “A”, and that “A” is the real shareholder entitled to exercise the power on behalf of all the shareholders, and that “A” and “B” have loans of KRW 2.3 billion to this company. Among them, it confirms that the entire shares were offered as security in addition to the bonds of KRW 1.1 billion with the sales claim as security, and the entire shares were offered as security in the loan. On November 11, 2014, as of “A” and “B” do not raise any objection against the exercise of all management rights of “B” and do not exercise rights as shareholders, such as exercising voting rights or receiving dividends.

After preparing a transfer contract to the purport that it is “A” in the main lawsuit of “A, Gangnam-gu Seoul Metropolitan Government I 102 Dong, “J” in the resident registration number column of “A”, and “A” in the sexual name column of “A”, and then forging the transfer contract by sealing A’s seal on the name side and forging the said transfer contract, and as such, submitted the forged transfer contract to a police officer under the name of the Seocho Police Station located in 179 according to the distribution of Seocho-gu Seoul Metropolitan Government on October 1, 2016 through November 11, 2016.

In fact, the Defendant, along with F and G around June 2015, prepared the said transfer contract with a mutual agreement, to show that the Defendant was in excess of the rights as a shareholder of the above H in Seoul Special Metropolitan City H M with the head of the L branch located in K branch in Seoul Special Metropolitan City F and G.

Nevertheless, on May 18, 2017, the Defendant submitted the above written complaint to the name in the public official in charge of civil service, who is the public official in charge of civil service, in Seoul Central District Public Prosecutor's Office.

Summary of Evidence

1. Statement by the defendant in court;

1.F.