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(영문) 전주지방법원 정읍지원 2021.03.25 2020고단328
무고등
Text

The defendant's judgment No. 1 (2020 order 328 case) is a fine of 5 million won, and the judgment No. 2 is a second crime (200 order 690 case).

Reasons

Punishment of the crime

[criminal record] On October 31, 2019, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution as a result of a crime of obstructing the performance of official duties in the branch court of the Jeonju District Court, and the judgment became final and conclusive on November 8, 2019.

[Criminal facts] 2020 Maz. 328

1. Non-Appellant (the developments leading up to this case) is a person who actually operates a limited company B (hereinafter “B”) of an agricultural company, and C is a person who actually operates a limited company D (hereinafter “D”) of a limited company of an agricultural company, and E is a person who actually works for F of a limited company of an agricultural company operated by the Defendant.

When the construction work of the low temperature warehouse was suspended due to the shortage of funds, etc. in the construction work conducted by B in B, the Defendant agreed to take over C the debt of collateral security right established on the said land and the obligation of the outstanding amount of construction cost for the transferred construction work instead of performing the said construction work. The Defendant agreed to transfer B’s 1/2 share of G land, H land ownership, the entire ownership of H land, and the ownership of I land to D respectively for the purpose of providing collateral for the loan of funds, as well as the purpose of securing the Defendant’s obligation to pay the construction cost to C, and transferred E the ownership and shares of each land to D through a certified judicial scrivener office.

When the construction has been interrupted due to the lack of construction cost, etc. even after the completion of the registration of transfer of ownership as above, the Defendant filed a complaint against C on the criminal facts, such as arbitrarily embezzled the construction cost that C received as a collateral of each of the above lands, but was subject to a disposition of no suspicion on December 31, 2018.

[Specific criminal facts] When the above accusation case against C was disposed of without suspicion, the Defendant found the above land that completed the registration of transfer of ownership to D, and found the above land in writing. On July 3, 2019, the Defendant conspired with C, E, G, H, and I about June 22, 2017.

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