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(영문) 창원지방법원 2014.01.10 2013노873
무고
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person who was the representative director of the F Co., Ltd. (hereinafter “F”), and the Defendant is a person who partially invested funds in F and carried out the business affairs of F with A.

Land G, H, I, and J (hereinafter referred to as “each of the instant lands”) in Gyeongnam-gun, Hanam-gun is owned by F; (1) registration of provisional attachment on May 26, 201 by K on the claim amount of 100 million; (2) registration of provisional attachment on May 27, 201; (3) registration of provisional attachment on the claim amount of L on May 27, 201; and (4) registration of provisional attachment on June 13, 201 by M Co., Ltd. (hereinafter referred to as “M”) on June 13, 201.

(hereinafter “Registration of each of the instant provisional seizure”). The Defendant and A agreed to deliver the F’s delegations, certificates of personal seal impression, etc. to enable the F to obtain a loan from a financial institution by cancelling the registration of the said provisional seizure between K, L, and M, a creditor of F with respect to F, but the F to deliver the F’s delegations, certificates of personal seal impression, etc. so that K, L, and M can complete the registration of each of the instant lands by way of the F’s failure to repay its obligations to K, L, and M.

Accordingly, the Defendant and A issued to theO three copies of the power of attorney with the F’s corporate seal impression affixed and the certificate of personal seal impression, and L cancelled the registration of his provisional seizure on each of the instant lands on September 27, 2011.

Nevertheless, around December 27, 2011, the Defendant and A prepared a false complaint stating that “L has completed the registration of the cause of maximum debt amount of 96 million won with respect to each of the instant lands on December 6, 201,” which was submitted to the registry at the time of filing an application for the registration of the right to collateral security with respect to L’s application for the registration of the right to collateral security, since it is evident that L has been arbitrarily prepared and forged, the proxy form of F Co., Ltd. submitted to the registry at the time of filing the application for the registration of the right to collateral security, to punish L as forgery of private documents and uttering of the right to collateral security.” On December 27, 2011, the Defendant and A submitted it to the competent police station

In this respect, the defendant and A conspired to commit false facts against public offices for the purpose of having L get criminal punishment.

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