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(영문) 서울중앙지방법원 2014.07.01 2013고단4717
공정증서원본불실기재등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. Around March 2010, the Defendant: “The actual shareholder of G is H, etc.; however, the name needs to be lent, if there is no legal problem; and the Defendant accepted the Defendant’s use of the name on his/her behalf in documents related to the change of the officer of G. The F consented to the use of the name on his/her behalf.

(1) On March 15, 2010, the Defendant prepared the minutes of the temporary general meeting of shareholders for qualification qualification, at a place where it is impossible to know the place on March 15, 2010, the Defendant dismissed the representative director I, the representative director J, the directors K, the directors L, the auditors, and the auditors of G (hereinafter “G”), and instead, F took place as if he were the shareholders of G, who are not the shareholders of G, and attended the temporary general meeting of shareholders, to use the change of the corporate registration of G as if he was newly appointed by the directors and N auditors, and to use the H,O, and P as if they were the shareholders of G who hold all the shares of G, and then dismissed the I, the representative director J, the directors K, the directors K, the directors L, the auditors, and the auditors at the temporary general meeting of shareholders held, and prepared the minutes of the temporary general meeting that appointed the F as the auditor and the N as the auditor, and affix a new seal on the name of the said F at that time.

However, at the time of March 15, 2010, G’s representative director, in-house director, J, K, L, F was not a director of G, H,O, and P was not a shareholder of G, and the Defendant was well aware of the fact.

Accordingly, the defendant, with the intention of exercising the F's delegation, prepared a copy of the minutes of the temporary shareholders' meeting, which is a private document on confirmation of facts, by recognizing the qualification of G directors.

(2) The Defendant preparing a register of shareholders with qualification shall submit to the Defendant an application for change of registration of a corporation at a place where the place is unknown on March 15, 2010, as data confirming that all shareholders were present at the temporary shareholders meeting of G held on the same day and that all shareholders consented.

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