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(영문) 창원지방법원 2016.07.07 2015고단2763
무고등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is the regular manager of the (ju) E, having the office of No. 304 of the D Building 304 in Kimhae-si, who is in charge of the overall management affairs of the above company.

On February 2, 2013, the Defendant agreed to carry out the said construction together with G (State) which was a de facto contractor for the construction of a new factory in the Republic of Korea, F, Gyeong-gun, and 5 other five lots of factories, as the contractor, and granted G the authority to enter into a contract for the purchase of materials necessary for the said construction.

Nevertheless, around November 24, 2014, the Defendant submitted a complaint to the effect that (i) the representative director of E, who is aware of the aforementioned circumstances, entered into a contract for the purchase of steel materials from G new steel at the Masan-dong Police Station, and (ii) the Defendant, without the permission of E, submitted to the (ju) new steel products by forging the steel trade agreement with the method of arbitrarily affixing (ju) rubber name plates and employees’ seal.”

Accordingly, the above G had the purpose of having the above G receive criminal punishment.

2. Around March 15, 2013, G attempted to commit fraud, using an employee reduction, etc. supplied as described in the foregoing paragraph 1, and entered into a contract with the person in charge of the victim’s new steel products (hereinafter “victim”) to purchase steel necessary for the said works. The victimized Company supplied the steel amounting to KRW 249,773,711 in total when it delivers tax invoices to the (ju) E on March 15, 2013 under this contract.

The injured company (State) filed a lawsuit with the Changwon District Court located in Seongbuk-gu, Sungwon-si, Sungwon-si, for the payment of the above steel price, as the EE did not pay the above steel price. On December 18, 2013, the injured company won the above lawsuit on June 18, 2014.

The Defendant, around July 4, 2014, at the Changwon-si branch of the Busan High Court of Law, “(ju)E is not related to a steel trade agreement entered into between G and the victimized company” at the Changwon-si branch of the Busan High Court of Law.

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