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(영문) 수원지방법원 2018.01.25 2017고단6816
무고
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 2017, the Defendant prepared a false complaint against E at a law firm (with limited liability) B in Gangnam-gu Seoul, through a defense counsel, at around March 2017.

On August 17, 2015, the criminal suspect E prepared a resignation certificate in the name of the complainant on August 17, 2015 with the head of the Gu and the certificate of personal seal impression, without authority, and arbitrarily withdraws from the position of the director of F Co., Ltd., and handles the complainant as being free from the position of the director of F Co., Ltd., and forged the private document. The complainant jointly operates G Co., Ltd. (F) and pays the proceeds therefrom.

As above, the purport of "the punishment has been made because the complainant has been stolen equivalent to 167,50,000 won by deceiving the complainant with the resignation of the director and by deceiving the shares in the name of the complainant, etc." or the fact was that the defendant was a joint representative in the form of F of the Co., Ltd. listed upon the E's request and did not have any fact that the defendant was a joint representative in the form of F of the Co., Ltd., which was recorded upon the E's request, and the defendant did not actually hold the shares of F of the Co., Ltd. and resigned from the joint representative of F of the Co., Ltd. with the seal affixed to relevant documents, such as resignation, upon the request of E., the defendant was not in possession of the shares of F of the Co., Ltd., and the Co., Ltd. was a stock company G paid the price for H in the name of the enemy via F of the Co., Ltd. to G,

Nevertheless, on March 28, 2017, the defendant submitted the above written complaint to an employee whose name is not known in the Suwon District Public Prosecutor's Office located in the Young-si, Suwon District Public Prosecutor's Office.

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. The defendant's person;

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