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(영문) 광주지방법원 2014.05.20 2014고정208

공정증서원본불실기재등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around February 25, 2013, the Defendant was elected as the fifth president of the C Disabled Association (hereinafter “Association of Disabled Persons”). Around March 27, 2013, the Defendant was determined by the Gwangju District Court to suspend the performance of duties on the grounds of procedural defects violating the articles of association and the regulations on election management.

1. Around February 25, 2013, the Defendant made a false entry in the authentic copy of a notarial deed by reducing the number of electors to 498, even though 269 voters were elected as representative directors among 93 electors and the Defendant was elected as representative directors, and then prepared a minutes stating the false contents as if 269 voters were voting.

On July 5, 2013, the Defendant: (a) around February 25, 2013, at the E judicial scrivener office located in Gwangju-dong-gu, Gwangju-gu, the Defendant, even though the Defendant did not hold an extraordinary general meeting other than the details elected as representative, opened a general meeting as above; (b) falsely prepared the minutes of the extraordinary general meeting as if the Defendant decided to appoint a director, F, G, H, I, and J, who is members of the foregoing Association; and (c) drafted a certificate at the K Office of the Law Firm, around July 5, 2013.

around July 8, 2013, the Defendant submitted to the public official in charge of the minutes falsely prepared in Gwangju District Court registry, which was located in Seo-gu, Seo-gu, Gwangju, Gwangju, to the public official in charge, on February 25, 2013, and the Defendant was appointed as the representative of 269 voters among 498 voters and entered the details that F was appointed as directors in the corporate register.

Accordingly, the defendant made a false report to a public official, and made him enter false facts in the corporate register which is the original copy of a notarial deed.

2. Around that time, the Defendant had the said Gwangju District Court keep the original notarial deed stating false facts in the registry state of the said Gwangju District Court, and exercised it.

3. Around July 8, 2013, the Defendant interfered with business filed a false report, such as paragraph 1, with the official seal of the Association of Disabled Persons, in the registry of the Gwangju District Court located in Seo-gu, Seo-gu, Gwangju.