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(영문) 서울동부지방법원 2017.02.16 2015고단3154

상법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 10, 2013, the Defendant assumed office as a representative director of the company F Co., Ltd. located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul (hereinafter “instant company”) for the purpose of electronic commerce, game software production and sale, Internet marketing, etc. However, as the investment was delayed to attract the instant company, the company’s liabilities have continuously increased and the financial status has deteriorated, the Defendant proposed capital increase at a cost after capital reduction (capital reduction) as a measure to improve the financial structure of the said D as a result of improving the financial structure.

Therefore, the above D owned 680,00 shares of 1,787,000 shares as a major shareholder. However, in addition, in the situation where there are existing shareholders, such as G, H, I, J, K, L, and M, it is impossible to reduce the number of shares and deal with capital reduction that has a significant impact on shareholders' interest without consultation with other shareholders. In addition, it is not possible to make a decision on capital reduction even if the actual investment is prior or capital investment is not clearly guaranteed. The defendant, regardless of the actual decision-making of the above shareholders, was delegated with the board of directors' voting rights by the director N,O, and P, without any consent of the board of directors and the general meeting of shareholders, was prepared only in the minutes without the resolution of the necessary board of directors and the general meeting of shareholders, and received the new shares issued after capital increase with consideration after capital increase, and then acquired the shares of the company in question under the name of the obligation to pay the forfeited shares and acquired the shares of the company in the form of offsetting the shares of the company.

1. Forging a private document;

A. On December 17, 2013, the Defendant’s minutes of the board of directors, around December 17, 2013, proposed title from the instant company and using computers.