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(영문) 의정부지방법원 2016.04.21 2015고단2828
무고
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who operates a lending company under the name of D.

From April 29, 2010 to September 24, 2012, the Defendant lent KRW 2,472,102,913 in total to E as the total amount of KRW 11 times for the hotel construction fund in the Gangwon-do Gosung-gun site (hereinafter “instant real estate”). The Defendant was set up a first priority collective security right equivalent to KRW 750,000,000 for the instant real estate and buildings on the instant real estate and buildings on the ground as the collateral under the name of the wife G around April 29, 201, and the maximum amount of KRW 550,500,000 for claims around November 28, 201.

On the other hand, the instant real estate set up the first priority collective security in the amount of KRW 1.2 billion against G, the upper limit of the claim amount of KRW 750 million against G, the third priority collective security in the amount of KRW 2.610 million against G, and the third priority collective security in the amount of KRW 2.2 billion against I’s claim amount. However, on October 8, 2012, the Defendant filed an application for voluntary auction with the Seocho District Court for the non-payment of the loan amount of KRW 1.2 billion.

E, on August 7, 2013, proposed to conclude a security trust agreement with the joint creditors of G, H, and I, a creditor of the instant real estate, instead of withdrawing the above request for auction by the Defendant on or around August 7, 2013. However, as the Defendant requested and rejected the first priority distribution right, the trust agreement is to be a joint creditor, and G, E, H, and I mutually consulted with each other, with the content that G has a substantial order of priority among the creditors.

Nevertheless, the defendant has failed to promote the hotel construction project of E, and he knew that I transferred his bonds to another person, among creditors, he had the intention to submit a false complaint against E, by threatening that he will not be guaranteed dividend order in accordance with the agreement.

Accordingly, on July 7, 2014, the defendant is the Government of Jung-gu.

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