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(영문) 서울중앙지방법원 2016.08.18 2015고단8134
무고
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant: “Around October 23, 2012 and around October 24, 2010, the Defendant acquired the E Co., Ltd. (hereinafter “E”) stocks and the management right transfer from D with a false statement as if he would lend KRW 2 billion to D the contract deposit, and acquired KRW 350 million in advance interest and security title,” and was investigated by the Seoul Central District Public Prosecutor’s Office. On September 2014, the Defendant was under investigation at the Seoul Central Public Prosecutor’s Office. Rather, the Defendant was able to receive the said Defendant’s lawsuit from D and was subject to criminal punishment at the same time with D, with the intention of having D receive the said Defendant’s payment of KRW 350,000,000,000 in advance and without the ability to repay the borrowed money with D, and failed to receive the Defendant’s false statement to the investigative agency.”

On September 15, 2014, the Defendant, in collusion with D and F, to the public official in charge of the receipt of the instant case at the Seoul Central District Public Prosecutor's Office's Office located in the Seoul Central Public Prosecutor's Office located in 158 as the distribution of Seocho-gu Seoul Metropolitan Government, the Defendant would receive a loan from the Hong Congo Investment Bank within three months from October 20, 2012 to November 14, 201, by borrowing KRW 14 billion for the acquisition price of stocks and management rights of E.

As a security, while making a false statement to the effect that the above company's shares will be paid 3.1 billion won and agreed amount to 4.5 billion won or more per share by not later than the date of the temporary subscription, the company's complaint was received as stated to the effect that, on October 23, 2012 and around October 24, 2012, it issued 3.5 billion won or more out of the money borrowed from another person for an agreed deposit, and then borrowed 1.4 billion won or more from the defendant by borrowing the down payment and the balance amount to 1.4 billion won or more from the defendant. However, the above company's share price did not lend money due to the increase of the company's share price, and thus, the investigation and punishment was requested as stipulated in the purport that the defendant attempted to investigate and punished the money.

However, D's shares and shares with G of the representative officer of E in the middle of October 2012.

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