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(영문) 전주지방법원 정읍지원 2016.11.29 2016고단439
무고
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On December 23, 2015, the Defendant was sentenced to one year of a suspended sentence of imprisonment with labor for general traffic obstruction at the Jeonju District Court on December 23, 2015, and the said judgment became final and conclusive on December 31, 2015.

【Criminal Facts】

1. The background and premise leading to the instant case;

A. A. Around May 2, 2007, the Defendant entered into a loan agreement for consumption with the Defendant and D to borrow KRW 400 million from D through E’s good offices and brokerage on August 2, 2007 with the maturity of payment on August 2, 2007. The Defendant entered into a loan agreement for consumption with the agreed interest rate of 3% (hereinafter “instant loan agreement”), and the Defendant’s ASEAN jointly and severally guaranteed the above loan obligation.

At the time of the conclusion of the loan agreement for consumption of this case, the Defendant: (a) drafted and delivered to the above E a promissory note with the Defendant as the joint issuer of the above F, the face value of KRW 600 million, the payee D; (b) the date of payment at sight; (c) the place of payment; (d) the place of payment; and (e) the loan certificates under the above loan agreement; and (e) around that time, D’s pro-Japanese representing the above D, received the promissory note, etc. from E; and (e) paid to E with the above amount of KRW 240 million,00,000 (40,000 won X3% X2 months); and (e) paid KRW 376,000,000,000,000 after deducting the loan amount of KRW 37,60,000,000,0000,000 to the Defendant.

On the other hand, the above F completed the registration of establishment of a collateral security (hereinafter referred to as the “registration of establishment of a collateral security”) composed of KRW 600 million with the maximum debt amount, the debtor, the defendant, and the mortgagee D on May 2, 2007, on the ground of the contract to establish a new registry office of the Jeonju District Court No. 8288, which was received from the Jeonju District Court, with respect to the 1,104 square meters in Jeonbuk-dong H

In addition, if the defendant and F delays the payment of the above promissory note by the commission of the defendant, I representing the above F, and I and D on July 6, 2007, there is no objection even if they are subject to compulsory execution.

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