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(영문) 춘천지방법원 2018.04.26 2017고단1201
무고
Text

A defendant shall be punished by imprisonment for 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

On January 26, 2010, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor at the Seoul Central District Court on June 26, 201, and the judgment became final and conclusive on May 14, 2010.

The defendant is the representative director, the D, the representative director of the C&E, and the F is the employee of the C&A.

D was entrusted by the Defendant with a discount on two promissory notes, including one promissory note with the face value “G” equivalent to the face value “50,000,000 won” issued by the Defendant and a face value “50,000,000 won” equivalent to the face value “H”.

In addition, F was entrusted by the Defendant with a discount on three promissory notes, such as one promissory note with the face value “297,00,000 won”, “I” with face value “317,00,000 won” with a bill number “C”, “311,30,000 won” with a promissory note number “J” and “K” with a bill number.

However, the defendants, D, and F had the bill distributed without discount of the bill, and the payment date is different from the bill, with the intention of evading the payment of the bill by falsely filing a complaint for forgery or alteration of securities, and by accepting the written complaint from the bank.

1. On June 11, 2008, the Defendant, on the end of May 2008, requested the head of the L hospital M to discount on two promissory notes (G and H) from D, but it is difficult to recover by distributing the promissory notes without prejudice to M, at the coffee shop located in Gangnam-gu Seoul Metropolitan Government Cheongdam-dong, Gangnam-gu.

On the other hand, the due date for the payment of a promissory note is the suspicion of the alteration of the aforesaid promissory note, and on the other hand, the bank may be exempted from the obligation to pay a promissory note if it reports the alteration of the aforesaid promissory note to the bank, and the company may also prevent default. Accordingly, upon the request of B/L, D was asked to file a complaint with the police station under the suspicion of the alteration of the aforesaid promissory note.

Accordingly, the defendant was punished by D on June 2008 at the office operated by D located in Seocho-gu Seoul N, Seocho-gu, Seoul, and D.

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