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(영문) 대구지방법원 2016.12.02 2016고단3673
사문서위조등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is the actual owner and the representative director of the E-limited company in Mongolian country D (hereinafter “E”) and the F-limited company (hereinafter “F”) that owns E shares at the same time. The Defendant is the actual owner of the F-limited company (the representative L. hereinafter “F”).

J is a person who is the representative director of the I Co., Ltd. (hereinafter referred to as the "I") and has invested in a golf course development project promoted by the defendant in Mongolian countries.

On June 2007, the Defendant established E, a local corporation in Mongolian country, to promote golf course development projects in Mongolian country D, established a site for golf course development from Mongolian country D, and made investments in KRW 1.5 billion from Mongolian country D to implement the development of golf course, and offered E’s equity as security after receiving a loan of KRW 1.5 billion from the school, and offered E’s equity as security, by formally establishing F, and then registered G as representative director (the equity of KRW 95% is G, the remainder of KRW 5% is holding the educational guarantee right), and the educational guarantee right re-investment of KRW 1.5 billion in Mongolian country D, and offered E’s equity interest as security.

In addition, around August 4, 2010, the Defendant recommended J, a branch of the I, to invest in the above golf course development project promoted in Mongolia. On January 4, 2011, J entered into a joint agreement with the effect that, upon payment by J, a half of the existing amount of KRW 600 million and KRW 525 million out of the existing amount of the repayment of the principal repayment of the principal repayment to H in relation to the golf course development project, the Defendant would transfer the F’s equity to the J. On February 7, 2011. Pursuant to the above joint agreement, J entered into an additional agreement with the J at the rate of 51% of its equity interest in Mongolia, and around January 5, 2011, the amount of KRW 520 million,500,000,000,000,000,000,000 won, which is a guarantee of the principal repayment of H in accordance with the said joint agreement.

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