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(영문) 서울북부지방법원 2017.04.20 2016노2273
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of each of the facts charged in this case, although the Defendant did not have fully participated in the establishment of a floating company C (hereinafter “the company of this case”), which is a stock company C (hereinafter “the company of this case”). The court below erred by misapprehending the facts and affecting the conclusion

B. The sentence sentenced by the court below against the defendant (the imprisonment of six months, the suspension of execution of two years, the community service order 200 hours, and the cost of lawsuit) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below, the defendant was issued a certificate of his own name and a certified copy of resident registration at the Nanju-si Eup office on July 13, 201, and the name influor requested a certified judicial scrivener office around August 201 to file an application for registration of change of the company's name, executive name, etc., and submitted the above certificate of the seal impression issued by the defendant, a resident registration certificate, a certified copy of the resident registration, and a letter of appointment of the auditor on April 15, 2010 with the seal imprint affixed by the defendant. The defendant was listed as the auditor of the company of this case around that time according to the above application documents. The company of this case did not actually engage in the loan brokerage or loan business or retail business under the corporate registry, and the defendant did not appear to have been issued with the above business, and the defendant was directly issued with the above certificate and a certified copy of the company's personal seal imprint to the above prosecutor's account, and the defendant was also aware of the above facts and the following facts.

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