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(영문) 서울북부지방법원 2013.10.01 2013고단1837

무고

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a company member.

On February 9, 2011, the Defendant concluded a sales delegation contract with D and C at the C office of the Defendant’s management company located in the population B, which was located in Gyeonggi-si, with D on February 9, 201, and used computer c: D and the above person was designated as a representative and delegated the following authority:

1. All the actions taken over, such as a license for the electrical construction business, a license for the mutual aid association and an investment share of 200;

2. Transfer, receipt and delivery of proceeds of transfer, and all required documents;

3. The delegated person’s power of attorney’s own contract and the consent of both representatives was prepared, indicated “C Co., Ltd. A” in the delegated person column with the pen, and then attached the corporate seal impression of C Co., Ltd., and delivered D with D. The above delegation was made on February 18, 201 in the Defendant’s residence, and the Defendant’s seal impression received from the Defendant’s spouse was affixed back to the Defendant’s name. Around that time, the principal confirmed that there was no default of national taxes, local taxes, health insurance, etc. in transferring the Defendant’s license for electrical construction business to F Co., Ltd., and confirmed that there was no error in taxation, such as national taxes, local taxes, and materials payment after transfer, and dealt with the problem.

“A” shall be written in each letter column stating the content as “J building 2-601, and A”, and the joint and several sureties column as “J building 2-601K in Gyeonggi-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul-gu, and the Defendant and K affixed their seals on each side of the names of the Defendant and K. However, on October 11, 2012, the Plaintiff filed a lawsuit seeking to pay contingent obligations incurred prior to the date of transfer, such as unpaid taxes and public charges (including additional charges, etc. due to purchase of tax office data) after the transfer of shares from I Co., Ltd.