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(영문) 광주지방법원 2012.05.17 2011고단3784
무고등
Text

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

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

Reasons

Criminal facts

The Defendant asked that “A Co., Ltd., a representative director, will be repaid twice within one year and two months, if he/she lends KRW 1 billion to E” in May 2005. The Defendant requested that “A Co., Ltd., Ltd., a representative director, will be paid money.”

Accordingly, E issued four copies of promissory notes in the name of H, each of which amounts to KRW 1,840,000,000, the face value of which is KRW 15,000,000,000, in order to borrow a total of KRW 92,000,000 from 6 persons, including F, under the agreement that “The principal and interest of the rent shall be repaid at KRW 1,84,00,000,000,000,000 from August 31, 2006.”

After that, when the bill is due and its holder is anticipated to present the bill to the creditor bank, the defendant and G made a false accusation against the holder of the bill against the investigation agency as a crime of forging securities, and notified the creditor bank of the forgery of the bill and reported the alteration of the bill to the creditor bank to be exempted from the suspension of transaction of the bill and the payment of the bill.

1. On August 31, 2006, the Defendant filed a complaint with G for the charge of forging Promissory Notes, etc. in order to avoid this crisis, for instance, E and I filed a complaint for the charge of forging Promissory Notes, etc. in order to avoid this crisis, with the sum of four promissory notes with the face value of KRW 1150 million,00,000,000, which was issued as a collateral for loans of KRW 920,000,000,000, in face value of KRW 115,000,000.

The term "G" means, as a result, with the aim of avoiding the payment of the amount of the bill at the public service center of the Seoul Northern Police Station on the same day and having E and I subject to criminal punishment, G exercises a bill of exchange equivalent to KRW 460,000 in total by arbitrarily stating the four copies of the promissory note issued in the name of the defendant E and I Co., Ltd. in the name of the defendant E and I as the KRW 15,000,000 in each face value, and thus punishing those persons.

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