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(영문) 대전지방법원 서산지원 2017.05.18 2015고정233

무고

Text

The defendant shall be innocent.

Reasons

1. The Defendant: (a) was the representative director of the E Partnership Corporation E located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “the instant legal entity”); (b) around August 2006, the board of directors of the said legal entity decided to transfer F the instant legal entity’s aquaculture license; (c) according to the resolution, on January 18, 2010, after having G hold a general meeting meeting of members with respect to the sale and purchase of fish farming business licenses and had G prepare the general meeting minutes; and (d) on February 2, 2010, at the Gun Office in Taean-gun-gun, Taean-gun, the Defendant prepared an application for the transfer of fishing rights with respect to the transfer of the instant legal entity’s aquaculture license, the application for the transfer of fishing rights, the application for the transfer of fishing rights, and the certificate of sale of fishing rights (shares) to K; and (e) prepared an application for the transfer of fishing rights and the certificate of transfer of fishing rights under the name of the aforementioned legal entity to the public official in charge of NF’s ownership.

F and G had a mind to commemorate.

On January 18, 2010, the Defendant, using a computer located at a place where it is unknown on March 1, 2013, prepared a letter of complaint stating that “F and G conspired to sell and sell the fishery license of the instant corporation, and submitted the minutes of the general meeting of the said corporation to the Cheongan Military Office to obtain a license for aquaculture, and thus, changed the license for aquaculture.” The Defendant, at the Busan District Office of the Daejeon District Office of Public Prosecutor’s Office, located at 4-23, Seosan-si, Seosan District Office around November, 11, 2013, shall have the public service personnel in charge receive the license from the public service center at the public service center, and on April 1, 2013, at the investigation of the Chungcheongnamnam District Police Station and the investigation of the Chungcheongnam-nam District Police Station, “F and G in relation to internal relations, in collusion with the said corporation, sell the fishery license of the said corporation, at will, the minutes of the general meeting.