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(영문) 부산지방법원 2017.01.18 2016고단5047
무고
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A On November 25, 2016, the Busan District Court was sentenced to two years of suspension of execution on August 25, 2016 due to embezzlement, etc., and the judgment became final and conclusive on December 3, 2016.

Defendant

A received a request for the issuance of a promissory note of KRW 265 million to recover the Promissory Notes before the payment date from G that came to know of business around October 2011.

Accordingly, around October 30, 201, Defendant A changed the portion of “L” in the face value column of the Promissory Notes issued in the name of the representative director of the J as “L” from “I operated by G on the 5th floor of H building in Songpa-gu Seoul, Songpa-gu, Seoul.” (State) around November 30, 201, to “Won 65,000,000 won (Won 265,000,000),” and delivered the said Promissory Notes to G.

After that, on November 30, 201, when the financial situation of the JJ worsens and the maturity of a promissory note was faced with the situation where the said promissory note will become insolvent, the Defendant A made a call to the Defendant B who had been known before and before, in order to prevent the default.

Defendant

B The aforesaid Promissory Notes issued by (State) J have been altered to Defendant A.

The prosecutor's office and bank, upon filing a report, may prevent default, and the defendant A also consented that the above promissory note was modified by the defendant B.

After making false reports to the prosecutor's office, the prosecutor's office provided the defendant B with information on promissory notes.

Defendant

B Around December 2, 2011, using the information pertaining to the Promissory Notes received from Defendant A around December 2, 201, written a written complaint stating that “The amount paid for one Promissory Notes (B/L No. 65,000,000 won” issued under the name of J, which is “265,000,000 won, has been arbitrarily modified to “265,000,000 won,” and presented it to the point in South and North Korea, thus having been exercised.”

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