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(영문) 광주지방법원 2017.01.12 2016고단4788
무고
Text

Defendant shall be sentenced to six months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of D (ju) who is a steel processing and distribution company.

On August 17, 2016, the defendant prepared a written complaint to the effect that "40,000,000 won belongs to the complainant (defendant) without intention or ability to complete payment on December 31, 2014, the defendant lent 40,000,000 won to the Gwangju Mine Police Station located in Gwangju Mine Dong, and then did not pay one percentage until now, and submitted it to the person in charge of criminal investigation and statement recording room." On the same day, the defendant made a supplementary statement to the same effect at the police station investigation and statement recording room.

However, on December 5, 2014, the Defendant: (a) issued a U-dong Mobilization Corporation; (b) proposed a discount on one of the 200,000,000 foot electronic bills endorsed by G; and (c) determined that the Defendant was a company with a strong belief as a result of investigating the credit rating of the mobilization construction; and (d) agreed within two weeks to discount the said bill at a discount; (b) around that time, the Defendant used the said electronic bill under the name of the Defendant’s management (State) D after being transferred the said bill from the G’s (State) and endorsed it under the name of the Defendant’s management; and (c) used the said electronic bill as part of the existing 50,000,000 won of the obligation to pay for the amount of KRW 160,00,000,000 to the third party.

After that, if the Defendant did not pay a discount to the (ju) G side for the lapse of 2 weeks, the above F and the above director E of the company requested the Defendant to pay the discount amount, and the Defendant eventually remitted KRW 40,000,000 as part of the said discount amount to the post office account in the above E’s name.

At this time, since a bill discount for (State)G was intended to be transferred to the said company’s account, but it was difficult to withdraw from the bank’s account in the event that the bank surveillance was imminent and the transfer was made to the said company’s account, and thus, the said KRW 40,000,000 was used for the purpose of the Company’s Fund (State).

After that, the defendant on February 11, 2015.

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