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(영문) 대구지방법원 서부지원 2018.08.14 2017고단1997
무고
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After the death of E, which is the largest shareholder of D Co., Ltd., the wife F and G knew that 25% of the shares of the said Co., Ltd. were changed in the name of H, who is an employee, and they requested the Defendant A, who had a relationship with E, was operating the same type of business.

As a result, Defendant A was entrusted with all related work related to the finding and management of the above shares by F and G around October 13, 2016, and Defendant A was allowed to file a complaint (Tgu District Court Seo branch office 2016 type 31234 type 204 type 201 type 31234 type 2) due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with H and H, including introducing attorneys-at-law.

In addition, Defendant A would return the gift tax amount of KRW 198 million already paid to H on December 2, 2016, if it is nothing more than that it had been in custody of his/her share, then Defendant A would return the share on the face of the share.

In the situation where F is found to have no money, G is found to have returned shares, and if G is changed to return them again, F and the company's share of KRW 25 percent ( approximately KRW 1.25 billion as of the base of the year 2012) were written to acquire the shares of the F and the company at KRW 198 million on the condition that the shares are returned again.

Then, on December 6, 2016, Defendant A had I prepare a written contract for acquisition of the above D Shares 30% ( approximately KRW 1.5 billion of appraised value in 2012) that Defendant A properly owned at the office of the K office operated by himself, which is located in the Department of the North Korean Senior Gun, around 2016, and Defendant A paid KRW 10 million of the acquisition price, although Defendant A had I acquire the above D Shares 30% ( KRW 1.5 billion of the acquisition price in 2012).

On the other hand, G, which became aware of the above fact, knew of the fact due to the defendant A who led the complaint in order to escape management rights on December 16, 2016 and revoked the complaint of the above case.

1. Defendant A acquires 55% of the shares of the said D Co., Ltd. and acquires them to lose management rights.

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