The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. D is merely a nominal shareholder, and the Defendant actually owned the shares of C Co., Ltd. (hereinafter “C”).

The court below convicted the Defendant, a shareholder, of the facts charged in this case on the premise that the minutes of a temporary general meeting of shareholders are to be prepared to dismiss D and that the corporate register is to be changed on the basis of the minutes of a temporary general meeting of shareholders, but it does not constitute a crime of re-election of the original copy of a fair deed, and on the premise that C is not a single shareholder company

B. misunderstanding of legal principles, even if not, D embezzled all of the funds of D and faced bankruptcy by the above company, and the defendant dismissed D to be exempted from the ex officio closure from the tax office, so the defendant's act constitutes a justifiable act that does not violate social rules.

(c)

The punishment of the court below (3 million won) which is unfair in sentencing is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of fact is established when a public official makes a false report to the public official to cause the public official to enter false facts in the original deed of the relevant legal doctrine.

If there is any defect falling under the invalidation even if there is no or external existence of the original of the process deed, such entry constitutes an omission.

However, there exists objective existence of the mentioned matters or the underlying juristic act, but in the case of a defect which is the ground for cancellation, so long as it is stated in the original copy of the process deed before its cancellation, such entry does not constitute a false entry in the original copy of the process deed (see Supreme Court Decision 2004Do4012, Sept. 24, 2004). Meanwhile, unlike the so-called one-called one-person company in which total shares are owned by a person who owns stocks, the actual procedure for convening the shares and the actual distribution thereof are distributed.