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(영문) 부산지방법원 2012.09.20 2012고정2089

공전자기록등불실기재등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Notwithstanding the fact that the Defendant did not acquire the status of one shareholder of C Co., Ltd., on March 24, 2011, the Defendant: (a) voluntarily prepared the register of shareholders as if the Defendant was a shareholder of D Co., Ltd. located in P Co., Ltd. located in Busan, Busan; (b) removed F, the representative director of the said Co., Ltd, on the premise that he was a shareholder of the said Co., Ltd; (c) prepared the minutes and minutes of the temporary general meeting of shareholders that appointed G as a new representative director, Defendant and G, H, I, J, J, and K as a new director; and (d) submitted an application for registration of the entry of the change in the electronic records of C Co., Ltd. to the Suwon District Court and the registration official, who may not know of the fact, entered the fact in the corporate register of C Co., Ltd.; and (c)

2. On August 2, 2011, the Defendant: “M” L located in Ulsan-gu L, Ulsan-gu, prepared the extraordinary shareholders’ meeting minutes containing that G is appointed as a new representative director, G, A, and J as a new director; submitted an application form for registration of the dissolution of the Suwon District Court and the registration of the alteration to the corporate register; submitted the application form for registration of the alteration to the company to enter false facts in the corporate register, which is the electronic records of the company C; and around that time, exercised the electronic records kept in the corporate register.

3. On August 9, 2011, the Defendant: (a) prepared the extraordinary general shareholders’ meeting minutes and the minutes of the board of directors with the same content as the foregoing paragraph (2); (b) submitted an application for registration of Ansan District Court’s Ansan Branch and an application for registration of change of a stock company to enter false facts in the corporate register, which is the electronic records of the C Co., Ltd.; and (c) exercised the electronic records kept in the corporate register

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness N;

1. Prosecutions against the Defendant.