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(영문) 부산지방법원 2018.02.21 2016고단6642

무고

Text

The defendant shall be innocent.

Reasons

On June 8, 2014, the Defendant entered into a business agreement between FF Co., Ltd. (hereinafter referred to as “F”) and H Co., Ltd. (hereinafter referred to as “H”) operated by the Defendant in relation to “the supply of stone and the supply of aggregate in Busan, J. E District Free Economic Zone E district, Busan, and J. (hereinafter referred to as “H”) for the production of construction materials, such as aggregate, and supply them to I.D. (hereinafter referred to as “I.). The Defendant appointed J, an expert in the civil engineering sector, which was introduced through G, as a site warden in charge of the supply of construction materials and the preparation of a contract for specific contents of aggregate production and transport unit prices, etc., and participated in construction materials supply.

On September 2014, the Defendant intended to enter into a contract for the production of aggregate by lending the name of K and K Co., Ltd. (hereinafter referred to as “L”) that directly owns at least one billion won of the market price of aggregate production. However, the Defendant entered into a contract with N Co., Ltd. (hereinafter referred to as “N”) directly established with K due to the burden of borrowing the name, and continued consultation with the aforementioned N Co., Ltd. (hereinafter referred to as “N”) on a unit price for the production and transportation cost of the aggregate.

While doing so, the Defendant, together with the above J, G, M, and K, agreed to prepare a group of the “contract for the production and transport of aggregate (hereinafter “the instant contract for the production and transport of aggregate”) of KRW 44,000 at the time of carriage by transport between N and F, and completed the contract by signing a computer contract in accordance with the agreement between J, M, K,K, and G at the He office of the above G on September 1, 2014 - On October 10, the Defendant completed the contract with the Defendant’s seal imprinted in the name of F, and signed the contract by affixing and M N’s corporate seal imprint affixed to the said contract.

As such, N and Defendant.