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(영문) 대구지방법원 서부지원 2018.04.10 2017고단1419
무고
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] On October 25, 2017, the Defendant was sentenced to one year of imprisonment for an occupational breach of trust, two years of suspended execution, and the judgment became final and conclusive on November 2, 2017.

[2] On September 19, 2016, the Defendant, at the D Joint Law Office located in Suwon-gu, Daegu-gu, Seoul-gu, used the Defendant’s attorney-at-law to dismiss the complainant from the position of director of the said company by forging the “Agreement on Transfer of Stocks” under the name of the Defendant, the representative director of the E company, who is the complainant, to transfer the shares 1,300 shares in the name of the complainant to the Dongs of the Defendant. On November 23, 2011, the Defendant forged the “Written Resolution by all the Shareholders,” and “Written Resolution by all the Shareholders,” under the name of the complainant.

A thorough examination of such forgerys, etc. shall be conducted and the main time for severe punishment shall be observed.

“The” explained to the purport that, after having the said B attorney-at-law prepare a written complaint of such contents in a computer, he/she had the said attorney-at-law submit it to the subordinate branch office of the Daegu District Public Prosecutor’s Office located in Yongsan-gu, Daegu District Public Prosecutor’s Office on September 21, 2016. On October 12, 2016, the investigation of the subordinate branch office of the Daegu District Public Prosecutor’s Office and the investigation into the capacity of a complainant were made with the same content.

However, the facts are as follows: (a) Defendant Small-Medium Co., Ltd. established E for the purpose of manufacturing and selling industrial machinery on December 2007; (b) 50,000,000 capital (total number of shares of KRW 5,000, KRW 10,000) and divided the shares into F (3,000), F’s East G (1,500 shares) and Defendant (500 shares). On July 2009, F divided the shares into the Defendant and auditor and divided them again; (c) 2,450 shares in the year 201; (d) Defendant 1,300 shares in the name of 1,250 shares in the name of 1,250 shares; and (d) Defendant owned all shares in the name of F (F) and owned shares in the name of 201.

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