사문서위조등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the ownership of 6,00 shares in G Co., Ltd. (hereinafter “E”) in the name of E (hereinafter “E”) shall be deemed to exist in E. Even if the Defendant actually owned 6,00 shares in the name of E and held title trust to E, the Defendant did not make a title trust without any burden since he paid the price for the title trust to E. Thus, it cannot be deemed that E comprehensively accepted the Defendant’s use of his name. Although the Defendant could sufficiently recognize the facts charged in this case against the Defendant, the lower court acquitted the Defendant, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this case 1) The defendant stated that "I will give up all shares," without authority, for the purpose of exercising at D's office located in Seodaemun-gu Seoul, Seoul on October 8, 2009, "I will give up the shares", "I will give up the shares", "I will give up the shares", "I will give up the original shares", "I will write "I will give up the entire shares", affix the seal attached to E, which is held by the shareholders' office located in Seodaemun-gu, Seoul, and I will be the old shareholders of you will be the shareholders of you will be the shareholders of you will," and on September 22, 2009, the board of directors will issue new shares 2,000 shares at the meeting of the shareholders' meeting as of September 22, 2009, and the defendant will submit the minutes of E's general meeting to the shareholders' office in Sung-dong, Dong-gu, Seoul, without authority to exercise the rights and duties of the shareholders' general meeting.