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(영문) 수원지방법원 안양지원 2017.05.12 2016고단381
무고등
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

1. The Defendants’ joint crime - The embezzlement Defendant B, a real operator of K (the change of name in K (L), the representative director A) who is engaged in trade business, Defendant A, a person who is the representative director of K of the said corporation, entered into a partnership contract with M (the representative of K) andO, and established P Co., Ltd. (the representative director, M andO).

Defendant

B, as the acquisition fund of Q Q intended to be acquired by the Defendant was insufficient, the P Co., Ltd’s corporate fund was administered by Defendant A, and Defendant A instructed Defendant A to withdraw the said corporate fund of P Co., Ltd from the above M andO and used it for the above Q acquisition fund.

Defendant

B around February 11, 2014, Defendant A instructed Defendant A to withdraw KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000

As a result, the Defendants conspired to withdraw the above P Co., Ltd. fund and embezzled it.

2. Defendant A (the forgery of a private document, the presentation of a falsified investigation document, the presentation of a falsified document).

A. On February 2014, the Defendant of a private document forgery indicated “P Co., Ltd. (hereinafter referred to as “A”) and L Co., Ltd. (hereinafter referred to as “B”) as “B” under the title of “P Co., Ltd. (hereinafter referred to as “B”)” using a computer document preparation program in the office of Young-gu, Young-gu, Si, 1109, Dong 1109, and borrowed “B” as follows:

1. Loan amount: Won Sheon 200,000,000

2. Term of loan: 11 February 2014 to 10 February 2015;

3. Interest rate: 6.0% per annum, Article 2 (Date of Redemption), Article 3 (Early Redemption), Article 4 (Interest Payment), Article 5 (Change) and Article 6.

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