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(영문) 서울남부지방법원 2017.06.14 2017고단1913

공정증서원본불실기재등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 11, 2013, when acquiring D Co., Ltd. (former E Co., Ltd.) on September 11, 2013, the Defendant provided the name of representative director and shareholder of the said Co., Ltd., and was a representative director and shareholder of the said Co., Ltd., who was a false representative director and shareholder of the said Co., Ltd.., Ltd., and had the intent to prepare

On February 26, 2015, the Defendant did not notify the convocation of the general meeting of shareholders, and the Defendant is present at the meeting of only 30,000 shareholders under the name of 30,000 shares issued, despite the need for a majority of the shares to be present at the meeting of shareholders, and the Defendant is present at the meeting of 200,000 shares issued.

“A copy of the general meeting of shareholders was drawn up and authenticated by a certified judicial scrivener I, and submitted it to the registry office of the Seoul Central District Court in Seocho-gu, Seoul, through a certified judicial scrivener I, and had an employee in charge of the above registry office, who is unaware of the circumstance, register F as a representative director, G, and H as an internal director, enter the false fact in the registry register of the juristic person which is the original copy of the fair deed. Around that time, the said director had him/her keep and exercise the register of the juristic person in which the false fact was recorded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to written orders for registration;

1. Relevant Article 228 (1) of the Criminal Act, the choice of punishment for the crime, Article 228 (1) of the Criminal Act (which includes false entry of the original copy of a process deed), Articles 229 and 228 (1) of the Criminal Act (which means the exercise of the original copy of a process deed that contains false entry), and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant has no record of punishment for the same crime and imprisonment for the same crime, the fact that there are some points to take into account the circumstances of the crime, and the fact that he reflect