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(영문) 춘천지방법원 강릉지원 2020.06.11 2020노66

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the defendant's act of preparing and exercising a written acceptance of appointment is merely an expression of his/her intent to accept the defendant's act as a liquidator of C Co., Ltd. (hereinafter "C"), and it does not constitute a crime of preparing qualification and an event.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. From August 3, 2017, the lower court: (a) prepared the minutes of the extraordinary general meeting of shareholders consisting of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court; (b) around August 3, 2017, the Defendant: (c) prepared the minutes of the extraordinary general meeting of shareholders consisting of “A to appoint A as liquidator; and (d) affixed the seals of the Defendant on the side of the entry “C Speaker A”; and (c) the Defendant did not have any authority to hold a temporary general meeting of shareholders or make a resolution on the bill; (b) was prepared on the same date as the above minutes of the extraordinary general meeting of shareholders; (c) the person who prepared the letter of appointment is a liquidator; (c) was affixed the seal of the Defendant; and (c) whether the document constitutes a crime of preparing a qualification document does not affect the appointment of another person; and (d) the above crime is established in the form of a document prepared and sealed by a person under the name of another person; and (c) written his/her qualification and affixed his/her seal to the document.