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(영문) 울산지방법원 2015.09.18 2015고정511
무고
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who was a director of C Co., Ltd. D (hereinafter referred to as “the foregoing company”) who served as a representative director.

On September 2013, the Defendant received money from C by telephone at the closed of September 2013, the owner of the building site constructed in the present company E, from F, with payment from the owner of the building site E. When the said F-owned vehicle succeeds to one debt of the said F-owned vehicle, the Defendant would repay the said money if the said F-owned vehicle succeeds to the said company after the construction. In order to succeed to the obligation of the said vehicle, the Defendant accepted the said F-owned vehicle’s joint and several guarantee as a director is necessary, and then changed to a joint and several guarantee. At that time, the Defendant issued two copies of the certificate of personal seal impression and the certificate of personal seal impression.

C Following the Defendant’s permission as above, at D offices located in Ulsan-gu G on October 8, 2012, the Defendant entered the name of the Defendant in the column of joint and several surety of “debt succession application/agreement” by means of the pen equipment kept in that place, affixed the Defendant’s seal impression, and submitted it to the lessee company, and on December 10, 2012, the Defendant confirmed that C entered into a joint and several surety agreement between the Defendant and the Defendant with the consent of the Defendant according to the agreement of the Defendant.

Nevertheless, on January 11, 2013, after the Defendant retired from office as a director of the above company, the Defendant filed an application for auction on the building owned by the Defendant, a joint guarantor, due to the delinquency in the lease fee of the said leased car, with intent to file a false complaint with the purport that C concealed the consent as above and forged the “application/agreement for debt succession” in the name of the Defendant without authority.

On December 10, 2013, the Defendant: “On December 2012, 2012, the Defendant issued a complaint form in the public service center of the Ulsan-gu Busan-ro 35-ro 25, Ulsan-do Police Station, Ulsan-do.”

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