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(영문) 수원지방법원 성남지원 2017.08.24 2017고단757

공정증서원본불실기재등

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is an internal director of “A” corporation, and Defendant B is an employee of the same company.

1. Although the Defendants, on October 8, 2010, did not hold a provisional general meeting of shareholders through legitimate procedures such as a resolution of the board of directors to hold a provisional general meeting of shareholders of Suwon District Court in the center of Sung-gu, Sung-gu, Sung-nam, Sung-gu, Sung-gu, the correction of the original copy of the fair deed, and the fact that the Defendants, in fact, did not hold a provisional general meeting of shareholders through legitimate procedures, such as a resolution of the board of directors to hold a provisional general meeting of shareholders of the company E, or notification to F, G, and H, a shareholder on the shareholders list, 10 days prior to the date the general meeting of shareholders was held, the Defendants submitted relevant documents as if they were to be the representative director of the company Eul, and Defendant B was a temporary general meeting of shareholders to change the contents

As a result, the Defendants conspired to make a false report to a public official to enter false facts in the register of a corporation which is the original copy of a fair deed.

2. The Defendants, at the time and place under Paragraph 1, had the Defendants keep and exercise the register of corporation E, a stock company with the aforementioned false facts stated, at the time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. The Defendants asserted that the Defendants did not have any intention to enter false information in the original copy of the certificate of fairness as they were present at a temporary general meeting of shareholders on September 24, 2015 and passed a resolution on September 24, 2015, without holding more than 50% of shares, since the notice of temporary general meeting of shareholders, the application for registration of change of the company, the text of the judgment, the minutes of temporary general meeting of shareholders, the deed of notary public

However, in full view of the following circumstances acknowledged by the court’s evidence, the Defendants’ above assertion is without merit.

Defendant .