beta
(영문) 청주지방법원 2017.05.11 2016고정871

공정증서원본불실기재등

Text

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

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

Reasons

Punishment of the crime

On February 6, 2015, the Defendant was the representative director of E, a corporation established for the purpose of producing edible milk in the Chungcheongbuk D around February 6, 2015.

After the Defendant entered into a business agreement with the F Federation, the said Federation established the said Company and established the said Company, 51% of the shares of the said Company, 32.33% of the shares of the said Company, and 16.67% of the shares of the said Company G Co., Ltd. with the Defendant’s representative director (the said Federation 51%, Defendant 49% of the said Company’s company), while managing the said Company, there was a conflict with H, a director of the F Federation E, who is the substantial manager of the said Company’s company’s interest company E, due to the problems of installation and fund execution of fixed organic facilities in Korea at the above Company’s factory around August of the said year

On September 7, 2015, the Defendant decided to hold a general meeting of shareholders with respect to dismissal of auditors, resignation of directors, and good faith of directors and auditors at the F Gun Office for 4:30 p.m. on September 21, 2015, and notified the above H of the decision. The share composition ratio at the time was in fact 49% of shares, and the above federation holds 51% of shares, and thus, if the general meeting of shareholders is held normally, the resolution of the general meeting of shareholders is inevitable as to the purport of the above federation.

On September 21, 2015, at around 16:30, the Defendant sent the J, a company G employee, even though the Defendant was well aware of the fact that H was waiting for the commencement of the general meeting of shareholders in the meeting room located inside the above business, at around 16:30, the office of the FI, Gyeonggi-do I, and 401 FI, and that the representative of the FI, was in the position of the above H, and that the Defendant was in the above office.

Along with the fact that the Defendant and the Defendant’s husband were present at the meeting of shareholders without waiting for the attendance of the above H, the Defendant and the Defendant’s husband-interest corporation G was appointed as a director, and that M was appointed as an auditor.