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(영문) 서울남부지방법원 2016.10.28 2016고단3803

무고

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around December 2014, the Defendant becomes aware of the construction business operator E for remodeling construction works for D tourist hotel located in Gangseo-gu Seoul Metropolitan Government, from that time to that time, and discussed about the remodeling construction works for the said hotel with the representative G of the LAF in the relationship with G and E. On January 28, 2015, the Defendant prepared a contract with “1.5 billion won (A), the ordering agency (A), the representative A, and the contracting parties (B)” around January 28, 2015, and delayed the commencement of construction due to the shortage of the Defendant’s financial resources, and again prepared a contract with the construction cost of KRW 50 million (50 million) around September 8, 2015, but the Defendant was urged to pay the construction cost due to the failure to pay the construction cost after the completion of construction works. However, in the case of construction works exceeding KRW 500 million under the name of G, E was aware of the fact that the contract was concluded in the name of the representative G G and the fact that it was directly involved in remodeling construction works.

Therefore, in light of the 16th day of February 25, 2016 of the evidence record, the Defendant appears to have been in error in the indictment “as of February 26, 2016,” and even if the indictment was corrected without any amendment to the indictment, it does not seem that the Defendant would substantially obstruct the Defendant’s exercise of his/her right to defense. Accordingly, the Defendant’s correction ex officio is made as above.

The Seoul Southern District Public Prosecutor's Office in Seoul, Seoul, the new month 390, made a false complaint to the effect that "E is punished because it does not have the right to conclude a construction contract in the name of the representative G of the Dispute Resolution Committee, without the right to conclude the construction contract in the name of the representative G of the Dispute Resolution Committee, and signed and sealed the corporate seal impression and forged the contract."

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. The investigation report and quotation, the statement of account transactions, and the statement of performance; and