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(영문) 울산지방법원 2014.07.24 2013고단3938
무고등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in construction business.

1. Around January 31, 2013, the Defendant submitted a written complaint to the public prosecutor’s office of Ulsan District public prosecutor’s office located in Ulsan-dong, Ulsan-gu, Seoul-do, to the effect that “In collusion between Defendant D and Defendant F, who was the accounting staff of Defendant D, who was employed as a tree at the construction site of the Busan-gun-Gun Office, where the complainant was newly built, and Defendant F, who was the accounting staff of Defendant E, at the construction site of the Busan-Gun Office, the Defendant: (a) on July 5, 2012, with two agricultural accounts (Account Number: G) in the name of Defendant D, each of which is KRW 20 million in the name of Defendant D (Account Number: H and I), respectively, by transferring KRW 40 million to two accounts in the name of Defendant C, without the consent of the complainant.”

However, on July 5, 2012, F sent KRW 20 million to D twice from the Defendant, respectively, to two accounts in the name of D. D. D, upon deposit of KRW 40 million from the Defendant, D delivers KRW 20 million to the wife of the E representative director J, and 15 million was used as D’s construction cost, at the request of the Defendant, at KRW 5 million was used by the bank to bring KRW 350,000,000 from the bank ( KRW 35 million), and KRW 200,000 from the bank ( KRW 200,000), and KRW 50,000 to the Defendant’s cashier’s checks ( KRW 50,50,000), and the Defendant’s arbitrary withdrawal of KRW 50,500,000 from the bank to the Defendant’s bank without the Defendant’s cashier’s checks.

Nevertheless, for the purpose of having F and D punished criminal punishment, the defendant prepared a complaint containing false facts, and submitted it to the Ulsan District Public Prosecutor's Office, thereby making F and D, respectively.

2. On January 2012, the Defendant violated the Framework Act on the Construction Industry: (a) the Defendant leased the name of the (ju) E in order to build a new construction of the J-gun C& in Ulsan-gu, Ulsan-gu, the (ju) EE representative director’s office at the office of the J K; and (b) the J.

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