사문서위조등
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal: The instant crime is not the Defendant but M, and even if the Defendant participated in M.
Even if so, it is justified that there was an implied or presumed consent from the “C”, G, or J, and that there was no illegality.
2. Although the lower court also asserted the same purport as the above grounds for appeal, the lower court rejected the Defendant’s assertion on the grounds as stated in its reasoning.
The judgment below
In addition to the following circumstances known by the records, such judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts and misunderstanding of legal principles as alleged by the defendant.
subsection (b) of this section.
A. At the court of the court below, M brought two minutes of the temporary board of directors resolution for dismissal of the representative director D on February 12, 2013 and the regular board of directors resolution for appointment of the representative director K on March 19, 2013. The disagreement between the directors registered in the certified copy of the corporate registry and the directors recorded in the meeting minutes was made on March 19, 2013 as of March 19, 2013 and the above dismissal and appointment were simultaneously made at the same time, and testified to the purport that "the defendant is a witness to make a new application for the registration of change of executive officers".
B. At the time of the instant crime, the Defendant was the Secretary General, and M is only the staff of the certified judicial scrivener office in charge of filing an application for change of executive officer at the Defendant’s request.
M’s arbitrary preparation of the minutes of the “C” regular board meeting without any consultation with the Defendant contradicts the common sense.
(c)
On the other hand, M testified that “the defendant did not express to confirm the intention of the directors with respect to the minutes of the regular board of directors newly prepared,” but M will apply for the registration of change of executive officers by preparing a new minutes of the regular board of directors with the defendant as seen earlier.