(영문) 수원지방법원 2017.11.24 2017노6896 | 리걸엔진

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(영문) 수원지방법원 2017.11.24 2017노6896

무고

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances as delineated below, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

1) The Defendant only filed a complaint with H in order to identify the process of disposing of shares held in his/her own name, and did not file a complaint with the aim of punishing H.

2) Until August 17, 2009, the Defendant held 1.7 million shares in the shareholder name injury among the shares generated by E Co., Ltd. (hereinafter “instant company”) and 1.31 million shares in substance, and there is no means to dispose of the shares or delegate the authority to dispose of them to others. Thus, the Defendant’s shares are disposed of at will against the Defendant’s will, and they are not filed a false complaint.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. The summary of the facts charged is that the Defendant was unable to repay obligations to F and G to a person who was the representative director of the instant company from December 15, 2005 to December 15, 2008, and transferred the entire shares owned by the Defendant, but the transfer income tax was imposed on transfer of approximately KRW 165 million on the above transfer of shares, and in order to avoid this, the Defendant was willing to submit a written complaint to the effect that H, the former representative director of the Defendant, embezzled the Defendant’s shares.

On April 12, 2016, the Defendant prepared a false complaint about H at the public service center of the branch police station of the branch police station located in 165, Sungnam-si, Sungnam-si.

A written complaint states that “Around August 17, 2009, Defendant C, the complainant, embezzled the shares of the instant company owned by the complainant to another person (the market price equivalent to KRW 850 million), and thus punished, the Defendant transferred all the shares of the Defendant to F, G, etc., so H did not have embezzled the shares.”

Nevertheless, the defendant is the police station on the same day.

유사 판례

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-인천지방법원 부천지원 2012.12.06 2012고정1704

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