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(영문) 청주지방법원 충주지원 2017.12.20 2017고정175
공정증서원본불실기재등
Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B Representative Director C, Defendant A, the husband of Defendant B, who actually operates the above company, and the victim D was a director of the above company.

1. The Defendants: (a) around March 27, 2015, at the Cheongju District Court Audio registry office located in the 55-ro of the Cheongju District Audio-gun Audio-Eup; and (b) despite the fact that the Defendants held a regular general meeting of shareholders and dismissed the directors D of the damaged party, the Defendants, despite the absence of such fact, had the F judicial scrivener E, who is in the Cheongbuk-gun E, prepare and submit the registration documents for the dismissal of the said D.

The Defendants had the staff in charge of the above registry register make a false report on the victim D's dismissal registration on the entire certificate registered in C's corporation, thereby having the public official enter or record the false facts in the computerized electronic records which have the same effect as the original copy of the fair deed.

2. The Defendants, around that time, have the above voice registry office keep the register containing false facts in the electronic records repository, and exercised it by allowing anyone to peruse, copy, and output it through Internet or by visiting the registry office.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. A certificate of all matters on the register;

1. A statement on changes in stocks, etc.;

1. Application of statutes to the minutes of shareholders' meeting;

1. Relevant Articles 228(1), 30 (a) of the Criminal Act, Articles 229, 228(1), and 30 of the Criminal Act, and Articles 228(1), and 30 of the same Act, respectively;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The summary order of this case by the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.

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