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(영문) 광주지방법원 2017.06.29 2017고정267

자격모용사문서작성등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant in the facts charged is a forwarder of the C Association; the said Association is elected by the direct election of the members; and the chairman of the Election Management Committee for the election management of the president, etc. is elected by and from among the election members appointed by the president on the recommendation of the board of directors.

Defendant: (a) on May 17, 2016, when D, the nine chief executive officer of the said Association, did not form a board of directors due to internal disputes within the said Association; (b) on April 17, 2016, when the term of office expires; (c) convened an extraordinary general meeting as a senior police officer; and (d) on April 8, 2016, D, the president of the said Association, unilaterally declared the closure of the meeting and continued to elect the remaining representatives and the Defendant as the chairman of the election management committee.

However, the above process of election of the chairman of the election management committee is against the articles of association and thus the defendant is qualified as the chairman of the election management committee.

(2) the Corporation.

On April 15, 2016, the Defendant, without authority, intends to register as a candidate for election of one president and nine representatives at the F Association on May 3, 2016, for the purpose of exercising at the C Association Office located in Seo-gu, Gwangju, Seo-gu, Gwangju, with the intention of exercising the right at the C Association Office.

4. After preparing an election public notice to run for up to 22.2, “After signing an election public notice,” the CC Association Election Management Chairperson’s seal affixed with the seal of 2,200 members of the Association, and then sending it by mail to 2,200 members of the Association, the C Association Election Management Chairperson’s letter of public notice of election under the name of C Association Chairperson, a private document certifying the qualification of the Chairperson of C Association Election Management, was prepared

2. Since the Defendant’s assertion was elected as the chairman of the said Association Election Management Committee through lawful procedures, the Defendant’s qualification as a third party is not the preparation and dispatch of a written public announcement.

In addition, the defendant is believed to be legally elected by the chairman of the election management, so he is qualified as another person.