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(영문) 서울남부지방법원 2013.09.26 2012고단2516

공전자기록등불실기재등

Text

Defendant

A Imprisonment with prison labor for six months and for one year, respectively.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

B On August 30, 2012, this Court was sentenced to imprisonment with prison labor for not more than one year and two months, and the above judgment was finalized on April 25, 2013.

1. Defendant A is a internal director of G in-house corporation with the second floor of the F building in Nam-gu, Incheon, and Defendant B is a couple with Defendant B; and

On December 10, 2009, the Defendants transferred 312 shares (the name of H, which was the representative director, 288 shares) of G, a stock company in the name of Defendant A in the name of Defendant A, to I.

Therefore, Defendants did not hold shares in the above company, and Defendant A was registered only as an internal director of the above company, so they did not have the authority to convene a temporary general meeting of shareholders under the articles of incorporation of the above company (the representative director).

Nevertheless, on November 23, 2010, the Defendants held a temporary general meeting of shareholders present only the Defendants, and resolved to dismiss H, a representative director, from the “in-house director and representative director”.

After that, on November 24, 2010, the Defendants submitted an application for registration of change of a corporation, such as the minutes of temporary shareholders' meeting, to a registry official who is aware of the fact that there was no authority to dismiss H at the temporary shareholders' meeting on November 23, 2010 of G, and had the registry official keep the application for registration of change of the corporation on November 23, 201 in the commercial registration information system, which is a public electronic record of the same day, “In-house director HJ on November 23, 201, removal of the representative director HJ on November 23, 201, removal of the representative director HJJ on November 23, 201,” and around that time, the Defendants made the registry official keep the electronic registration information system, which is a public electronic record of the fact of fraudulent registration, to keep it.

As a result, the Defendants conspired to make a public electronic record.