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(영문) 서울중앙지방법원 2014.04.23 2014고단148
무고
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a major shareholder who served as the representative director of the Real Estate Development Business Co., Ltd. D (hereinafter referred to as “D”).

On May 2012, the Defendant, at the Defendant’s house of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, 101, 304, written a false complaint against C using a computer.

The written complaint states that "The defendant C provided D's real estate in Yongsan-gu Seoul Metropolitan Government F, G, H, and I as collateral to the Gyeyang Saemaul Bank, and used the above money individually with loans of KRW 700 million in his own name, and D had D pay KRW 150 million as interest per month. On June 29, 2007, the Incheon Mutual Savings Bank and the Mau Savings Bank provided D with the above real estate as collateral and embezzled by repaying KRW 4.5 billion as above, which was borrowed from the Gyeyang Saemaul Savings Bank under the name of J, and repaid KRW 70 million and unpaid interest and KRW 794 million."

However, the facts are as follows: (a) around July 27, 2005, the amount of KRW 700,000,000,000,000 of D’s loan, which was provided as collateral and borrowed from other banks under the name of the wifeJ of C, was used to repay the existing amount of KRW 42,00,000,000,000,000 from other banks; (b) the remaining money was deposited into the corporate account and used for the company; and (c) the Defendant paid the above amount of KRW 79,00,00,000,000,000,000,000,000 was forged by the minutes of the board of directors in the name of C and J around June 29, 2007; and (d) the Defendant embezzled part of the above loan from the Incheon Mutual Savings Bank and Maman Savings Savings Bank on the above real estate under the premise that the Defendant received the above loan.

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