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(영문) 서울중앙지방법원 2016.05.10 2014고단7697
무고등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 7697] Around November 2013, the Defendant drafted a false complaint with respect to E, F, and G at a law office located in Seocho-gu Seoul Metropolitan Government Seocho-dong.

The written complaint threatens “Defendant E, F, and G jointly and severally, and from around 18:00 on April 16, 2013 to 21:30 on the ground that the complainant does not transfer 197,180 shares to H in Gangnam-gu Seoul, E uses 10 minutes and face of 10 times in drinking and takes at least five times in drinking, and threatens “I will die if I will transfer 1,000 shares,” and F uses her head at hand, and threatens “I will not die,” and “I will not move her head without any reason.” On the other hand, G her head walk her head, and she does not go against “I will not leave her head without any reason,” and Defendant Nonparty 1 continues to use her body from around 200 to 240 on the same day, and Defendant 1 did not use her body and affix her seal to her body on the ground that she did not use her body on the following day.

4. On 17. 08:00, at around 17.00, the victim’s head was assaulted by means of pricing the victim’s head in hand and cutting down the fluor’s head before the victim’s house, and then, E was punished by receiving shares 97,180 shares issued by around 10:00 on the same day from the drinking complainant.

However, the Defendant did not have been subject to violence or intimidation, such as the written complaint, from E, F, and G, and the Defendant received approximately KRW 700,000,000 from investors as collateral and did not notify E, and used the shares individually. Rather, the Defendant was in a situation where he would have again bring the shares to E by being invested in the said shares as collateral, and thus, he was fright by assault, threat, etc. of EF, G.

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