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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant, the representative E of D and the Defendant, transferred approximately KRW 250,000,000,000 to approximately KRW 2500,000,000,000,000,000 as part of the shares of the said company, agreed to treat them as gift. On December 30, 2010, the Defendant confirmed the contents of the share transfer and takeover contract and gift contract in the name of the Defendant, which was prepared by G, an employee of the said company at the Defendant’s house at Gwangju-si, F apartment 104,80,000,000,000,000,000,000
Nevertheless, the Defendant submitted a false complaint stating that “Around November 5, 2012, the Seoul Central District Public Prosecutor’s Office in Seocho-gu Seoul Central Public Prosecutor’s Office (hereinafter “Seoul Central Public Prosecutor’s Office”) issued a false statement that “E, as if the complainant, purchased the shares of Co., Ltd. D holding by the Defendant and the complainant, arbitrarily prepared a gift contract under the name of the complainant, and forged the gift contract by sealing the complainant’s seal without permission,” with the intention to have E punished criminal punishment.
Summary of Evidence
1. Each legal statement of witness E and G;
1. Statement by the prosecution against E (including the G's statement);
1. An interrogation protocol of the police officer regarding E (including the statement part ofG);
1. Complaints of the accused;
1. Application of Acts and subordinate statutes of a stock transfer contract and donation contract;
1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;