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(영문) 서울중앙지방법원 2017.09.27 2016고단863

공전자기록등불실기재등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around July 8, 2016, he/she was sentenced to 10 months of imprisonment with labor due to forced indecent acts, etc. by the Seoul Central District Court, and the judgment became final and conclusive around February 2, 2017.

【Joint Crimes by Defendants 863 of the High Order 2016, Defendant A was registered as the auditor of the Co., Ltd. (hereinafter “C”) and was in general in charge of C’s financial management, marketing, etc., and Defendant B, as a director of the Dong-based Interest C of Defendant A, was in charge of C’s accounting duties.

On the other hand, the list of shareholders in C was registered as the 844,000 shares issued by Defendant B among the 1,000,000 shares, and as the 3 representative director of the 1,000 shares issued by Defendants’ father.

D was stated as holding 156,000 shares of 1,000,000 shares, respectively.

On June 25, 2012, the Defendants established and operated the E Association, and prepared a letter of waiver to the F with respect to all G business related to C, including C, to waive the equity interests and authority of all corporations related to the G business, and Defendant B and D entered into a contract for the transfer of shares with the content that the shares of H, F’s son around the 27th of the same month, C’s 84,000 shares, and C’s 156,000 shares in D’s name, free of charge, are transferred to H.

After that, around November 30, 2012, C completed the reorganization of the entire shares issued on the shareholder list in the name of F, and on the same day, F was registered as a intra-company director of C, and H was registered as an officer of C, who is appointed as an auditor of C.

1. Points on the preparation of private documents for qualification solicitation;

A. On September 25, 2013, the Defendants: (a) stated that “C’s temporary general meeting of shareholders is a copy of the temporary general meeting of shareholders; (b) on September 25, 2013, at the office of the law firmJ located in Gangnam-gu Seoul Metropolitan Government, a temporary general meeting of shareholders was removed from office F, Auditor H; and (c) made a resolution appointing B as a director and representative director, director B, and auditor; and (d) indicated “C’s representative director A” at the bottom of the resolution and affixed C’s seal impression.

In this respect,