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(영문) 창원지방법원 통영지원 2012.11.23 2009고단271
무고
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged of the instant case [209 Man-Ma271] Defendant A prepared an agreement with the company to sell the above tin mountain auction in the name of the company after selling tin mountain in common with E and jointly operating tin mountain development. The E’s son F and Defendant A’s mar G were incorporated under the name of the joint representative, thereby establishing H Co., Ltd. and bid at KRW 1.2 billion in the name of the company.

In addition, in order to resolve the above tinsan's collateral security obligation, E borrowed KRW 150 million from Defendant A, and repaid KRW 50 million to the first mortgagee, who is the first mortgagee, after receiving a successful bid for the above tinsan, and terminated the collateral security by deciding to repay the auction dividends and operating profits of the business to be received by him after receiving a successful bid for the above tinsan, and agreed to repay the remainder by the auction dividends and operating profits of the above tinsan.

In addition, Defendant A and E agreed to transfer E’s right to collateral security worth KRW 600 million to H and instead to prepare a loan certificate of KRW 600 million in the name of the above company E.

On the other hand, as agreed at the beginning on the date of the auction of the above tinsan, Defendant A was awarded the above tin acid with the wind to participate in the auction without complying with the bidding of KRW 1.2 billion, and after which K was awarded the bid of KRW 450 million.

As a result, E is unable to perform an agreement with I, one of its creditors (in lieu of resolving a collateral security, repayment of the remaining debt with a dividend), and eventually, he/she transferred the above loan from the above company to his/her female, and I requested the above company to apply for provisional attachment and payment order for the auction dividends.

Defendant

A on February 11, 2008, at the M office operated by oneself in Seongdong-gu Seoul, Seongdong-gu, Seoul, "E is the defendant's defendant's defendant's defendant's defendant's defendant's defendant's claim amounting to KRW 600 million against H corporation of which the complainant is the representative director, I transferred the defendant's claim amounting to the most creditor's claim.

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