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(영문) 수원지방법원 성남지원 2017.08.17 2016고단799

공전자기록등불실기재등

Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is the person who was the joint representative director of H Co., Ltd. with G, and together with I, 50% of the shares of H Co., Ltd. (10,000 shares).

In this regard, G, unlike its own intent, exercised the power of representative director of H, and completed its own shares, and as if it made a resolution to dismiss G with the consent of all shareholders, he prepared a false shareholders' resolution letter and shareholders list with the consent of all shareholders, and submitted it to the registry office for the purpose of dismissing G from the joint representative director.

On October 30, 2015, the Defendant used the computer at K’s office located in Songpa-gu Seoul Songpa-gu Seoul High Court around 17:00, and the Defendant did not own all the shares of H, but owns 20,000 shares, which is 10% of the shares of the Company.

“List of shareholders,” “Joint Representative Director G and In-house Directors I,” shall be dismissed.

“Around November 2, 2015, at around 16:20, the 3 Jeju District Court’s registration of the 5-gil-ro, Nam-si, Jeju-si, Jeju-do, submitted an application for registration of change to a shareholders’ list, shareholders’ list, shareholders’ resolution, and a registration of change to a stock company, and made the said employee in charge enter the said application into a computerized entry as if he/she was dismissed a joint representative G and inside director I in the H’s corporate registry. As seen above, the said employee had the employee in charge keep the computerized register of the said corporation, in which the facts of mistake were recorded.

2. Determination

A. In the case of a company which is a shareholder of the relevant legal doctrine, a single shareholder can be dismissed at any time even if the intention of the shareholder was immediately the resolution of the general meeting of shareholders and the board of directors, and a single shareholder was appointed as a director, etc. Therefore, the defendant who is a single shareholder has not gone through the formal procedures under the Commercial Act, such as convening the first meeting of shareholders, without the agreement with a specific person.

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