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(영문) 창원지방법원 마산지원 2013.05.15 2012고단572
무고
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was the representative director of F Co., Ltd. who mainly engages in the construction and repair of steel, and Defendant B was the person who partially invested funds in F Co., Ltd. and managed the business of the said company together with Defendant A.

Land G, H, I, and J are owned by F Co., Ltd. on May 26, 201, the provisional attachment registration of which amount is 100 million won by K on May 27, 201, the provisional attachment registration of L on May 27, 201, and the provisional attachment registration of which amount is 80 million won on June 13, 201, and the provisional attachment registration of which amount is 37 million won by M Co., Ltd. on June 13, 201.

around September 8, 2011, the Defendants: (a) deleted three of the above provisional attachment registration registration of K, L, L, and M, Inc., within the office of F Co., Ltd. F located in the Haan-gun, Haan-gun, Haan-gun, Haan-gun, and around September 8, 201; (b) concluded that F will continue the construction of F’s factory building on each of the above lands through P Co., Ltd. (corporate director Q) by borrowing funds from financial institutions; and (c) provided that F will deliver K, L, and M with the power of delegation and certificate of personal seal so that K, L, and M Co., Ltd. can complete the registration of collateral security.

Accordingly, the Defendants issued O three copies of delegation and certificate of personal seal impression of the F corporation F by sealing the power of attorney in the proxy form for the use of the certified judicial scrivener office, and only one of them was O.

Pursuant to the above agreement, L cancelled the registration of its provisional attachment on September 27, 201 with respect to each of the above lands.

Nevertheless, around December 27, 2011, the Defendants completed the registration of the right to collateral security, which is KRW 96 million with respect to each of the above lands on December 6, 201. At the time of applying for the registration of L’s right to collateral security, the proxy in the name of F Co., Ltd. submitted to the registry is L.

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