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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is that C Co., Ltd. (hereinafter “C”) with the head office registered in Pyeong-gun B of Gyeonggi-gu, Gyeonggi-do (hereinafter “C”) was established by 86 persons classified as 134 households and invested in and established for the lease and management of penta, and the Defendant, who was appointed as the representative director of C on June 14, 2012, leased penta with the accommodation business from shareholders for a fixed period of time and deducted the management expenses, and paid the fees to shareholders.
In this regard, C was in arrears with tax amounting to KRW 110,000,000, and due to business depression, the deficit was accumulated and thus, C did not pay the agreed fee to the divided owners. Accordingly, the Defendant directly reported the closure of business on October 12, 2015 and did not operate from that time.
Accordingly, the divided owners decided that the defendant would no longer rent the penture in C, which is the representative director, and that E, the representative of the divided owners, notified the defendant of such fact on October 2015.
Since then, on March 8, 2016, the sectional owners agreed with G Co., Ltd. (hereinafter “G”) with the head office registered in Gyeonggi-gun F, Gyeonggi-do, to lease the instant pension and appurtenant buildings to G, and the Defendant was also aware of such fact.
As above, Defendant was well aware of the fact that H had no right to use the instant pension and rather had the right to use H, and C actually did not engage in the business at all in the closed condition and did not interfere with the business, on March 15, 2016, submitted a false complaint to the public service center of the Gyeonggi-gu Gyeonggi Police Station civil petition with the following contents on March 15, 2016, notwithstanding the absence of interference with the business.
The contents of the complaint were changed on March 7, 2016, by H and I without permission, into a facility room operated by H and I in Pyeongtaek-gun D D, a green line room, and a warehouse store.