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(영문) 창원지방법원 2014.11.28 2013고단1748

자격모용사문서작성등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(State)The defendant is a person who is a substantial operator of E;

On November 19, 2010, the Defendant received from H a letter of undertaking to collectively transfer the above commercial building construction business right to (E) E operated by the representative director of H of the (ju) G, the executor of the Jin-gu, Jin-si, Changwon-si.

Since then, there was a dispute over the interpretation of the above commitment between the defendant and H, and H, around December 14, 201, H had been pending in the first instance trial by filing a lawsuit against the owner (the Changwon District Court 201Gahap1276, the plaintiff G Co., Ltd., and the defendant E Co., Ltd.) claiming for the implementation of the procedure for the change of name against the owner (the owner) in the Changwon District Court.

1. While the above lawsuit is pending, the Defendant prepared the pertinent documents, such as the registry of shareholders, etc. of the State (State)G, in order to have the representative director of the State (State)G arbitrarily changed, and had the intent to submit the written withdrawal in the name of the representative director of the State (State)G to the above court.

On July 5, 2012, the Defendant: (a) entered the shareholders’ name I, J, and K in the registry of shareholders in the sale office at Chang-si, Chang-si, Chang-si; and (b) placed the name of L’s representative director in the registry of shareholders; and (c) placed the official seal of L’s name.

Accordingly, for the purpose of exercising, the defendant prepared a register of shareholders of (ju)G, a private document concerning rights and obligations, using the qualification of the representative director of (ju)G.

2. Around July 6, 2012, the Defendant: (a) had L L, and exercised the register of shareholders of the Changwon District Court, which was prepared in accordance with paragraph (1) of the above Article, with the registration division of the Changwon District Court, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and (b) had been duly formed; (c) had the register of shareholders of (d)G prepared in accordance with paragraph (1).

3. The Defendant shall make L, and submit an application for registration of change to a stock company to the registry official under paragraph (2) of the above paragraph, who knows that (a) the directors and representative directors of (b)G were not legally changed, even though he did not legally change the fact at the same time and place as that of paragraph (2) above.