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(영문) 서울남부지방법원 2013.05.09 2012고정1815
무고
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of two million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the actual operator of D(State), and Defendant B is the representative director in the name of the above company.

Defendant

A around March 2009, while performing the construction work after obtaining permission for the installation of apartment complexes E in the Daejeon Metropolitan Area from the date of the Jeju District Tax Office, it borrowed a total of KRW 340 million from F from April 10, 2009 to December 20, 2009 due to the shortage of construction funds. Defendant B, upon receipt of a proposal from the Defendant A, was appointed as the representative director on September 9, 2009, who was not aware of the specific credit obligation between Defendant A and F, since he did not directly participate in the raising of funds and accounting of the said company.

On the other hand, on December 20, 2009, the Defendants received a written settlement of the borrowed money from F, and examined it, and on December 22, 2009, the Defendants arranged the borrowed money from the “H” office operated by F, 2106, the Guro-gu Seoul Metropolitan Government G Building, to the total of KRW 316,089,930, and agreed to prepare a “money lending contract” with the purport that the borrowed money will be repaid from the receipt of the borrowed money to the repayment of the entire principal amount after December 1, 2009. Defendant A affixed the corporate seal imprint and the company name plate kept in the F office directly on the “money lending contract.”

Nevertheless, on January 10, 201, the Defendants filed a civil suit against D (D) seeking payment of the loan amount of KRW 316,089,930 and interest, and Defendant B, only a representative director, had the intent to file a complaint with F with the false content that the said “money lending and borrowing contract” was forged.

Accordingly, the Defendants conspired, around November 7, 201, at the D Office (State Office) located in Jongno-gu Seoul Metropolitan Government International Building 330, and Defendant A, Defendant A, Defendant F, Defendant Defendant, on September 2, 2009.

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