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(영문) 서울북부지방법원 2018.06.21 2017고단2992
무고
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 4, 2005, the Defendant was authorized to establish E (hereinafter referred to as the “Research Institute”) an incorporated association with the third floor of the D Building in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and the president of the said Research Institute who completed the registration of establishment on March 14, 200, and F is the standing director of the said Research Institute.

On March 2005, the Defendant: (a) established the foregoing research institute on March 1, 2005; (b) established a domestic business; (c) entrusted F with the authority to operate the research institute’s official seal, corporate seal impression, Defendant’s seal, corporate seal, and corporate seal cards; and (d) delegated F with the authority delegated by the Defendant to F; and (c) operated the said research institute around that time.

Around March 3, 2008, F was issued a certificate of promise to pay KRW 40 million if the Defendant sold the land in Chuncheon-do owned by the Defendant, Gangwon-do, by requesting the Defendant to provide support for operating expenses of the laboratory, while the Defendant subsidized KRW 350,000 per month as operating expenses of the laboratory and not providing support for operating expenses.

F around March 17, 2016, the Defendant filed a lawsuit against the Defendant claiming the payment of operating expenses of the laboratory on the ground that the Defendant did not sell the land and that the payment of operating expenses of the laboratory continued to be influent, solely based on the service cost and personal funds paid due to the project recipient, and the Defendant was difficult to operate the laboratory.

Criminal facts

Around May 20, 2016, the Defendant, at the Seoul Northern District Public Prosecutor's Office, located in Dobong-gu Seoul Metropolitan Government, 747, comprehensively delegated the Defendant's authority to operate the said laboratory to F, and furthermore, the Defendant received a report from F on the order of service tasks and the execution of funds. However, F filed a civil suit against the Defendant, and response thereto was followed. “F without the consent or delegation of the Defendant, without the consent or delegation of the president’s letter of confirmation, service standard contract, letter of delegation, certificate of concurrent office, certificate of volunteer service, general meeting minutes, minutes, confirmation letter;

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