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(영문) 창원지방법원 2016.06.15 2015고단3564

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who had worked as a site manager at the construction site of G Urban Residential Housing Corporation (hereinafter referred to as “F”) operated by the F Co., Ltd. (hereinafter referred to as “F”) located in D at the window of Changwon-si from January 2013 to August 2013, 2013.

On April 2013, 2013, the Defendant: (a) at the request of Sknman, who supplied ready-mixeds to be used at the construction site of I factory located in Seongbuk-gu, Sungwon-gu (hereinafter “the construction site of this case”); and (b) at the request of Sknman, sent contact to K employees of J (hereinafter “J”) with which the Defendant traded in the past to supply ready-mixeds.

At the time, the defendant needs to stand a joint and several surety because he did not have any transaction with JF.

“The” shall hear the horses, and it shall be a joint and several surety.

It is said that K's instruction will provide a joint and several surety to the staff L of J who has been in charge of the supply of ready-mixed.

In other words, it has been confirmed.

On May 2013, 2013, the Defendant called Lman on the phone, and “The conclusion and supply of ready-mixed contracts are different because there is another concrete theory in the I site. The Defendant entered into the F Office with the seal inside the office, which is stamped in the joint guarantor column.

Along with the representative E, various words were put to E.

“.” The purport was “.

L L made an F Office’s “Reconform Supply Contract” with E. In this case, E entered the name of the Defendant in the joint guarantor column of this contract, and affixed the Defendant’s seal in advance. Accordingly, from May 1, 2013 to July 1, 2013 to July 2013, J supplied Lecons worth KRW 104,252,830 to F.

In that sense, F was unable to fully pay the ready-mixed price to J due to financial difficulties, J applied to the Busan District Court on December 25, 2013 to order the payment of the purchase price and confirmed that there was no objection by the debtor, including the defendant.