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(영문) 창원지방법원 2021.03.05 2020고단3584
무고
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 25, 2017, the Defendant established, around the window B and C of Changwon-si, a real estate business entity, etc., and invested 60% of the shares as the representative director, registered the wife E as the representative director, and actually operated the said company. The Defendant Nonparty F invested 40% of the shares, thereby in charge of accounting management, etc. of the said company.

On March 7, 2019, the Defendant: (a) transferred the shares of the said company to G; (b) removed the shares from the management; and (c) filed a return lawsuit against the Defendant with the Changwon District Court around December 17, 2019 by the Defendant against the said company on September 18, 2018; (b) the Defendant provided the said money to H in the first reply.

On April 28, 2020, the defendant asserted that H did not receive the above money from the above court, and the defendant's plaintiff was willing to file a complaint with the purport that H did not receive the above money.

On May 2020, the Defendant prepared a false complaint with the content that he embezzled the above money by using a computer, and printed it into a printer.

The above complaint was the purport that "the defendant tenant transferred the corporate funds of KRW 40 million under the name of the Corporation in the name of the International Bank account in the name of the Corporation in the name of the Corporation to E under the name of the Corporation in charge of the settlement of accounts to H as an allowance for attracting investment on September 18, 2018, and then he/she embezzled the corporate funds of KRW 20 million in cash twice through two times, and then used it for personal use without delivering it to H."

However, the fact is that the defendant ordered the defendant to use the above 40 million won as a loan from the above company and used it for the personal purpose of the defendant, and there was no fact that the defendant has embezzled it.

Nevertheless, on May 20, 2020, the defendant submitted to a public official in charge of name in the Seocho-gu Police Station of the Changwon on May 20, 202, and the same year.

6. 16.

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