Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who served as a representative director of a social welfare foundation D (hereinafter referred to as “D”) from September 30, 2008 to September 30, 201, and from February 29, 2012 to May 19, 2015.

On April 1, 2015, the Defendant held a board of directors at the D conference room located in Yeonsu-gu Incheon Metropolitan City E (hereinafter “Board of Directors”) and appointed F as a director.

In this case, when a social welfare foundation calls a board of directors, it shall notify each director of the purpose of the meeting seven days prior to the meeting, stating the purpose of the meeting: Provided, That this shall not apply where all the directors are gathered, and all the directors request the convocation of the board of directors, and the resolution shall be made with the consent of the majority

However, even though D has eight directors including the representative director in the office of the executive branch, the board of directors in this case did not reach a majority of 40,000 directors, including the Defendant, and did not comply with the procedures for notifying each director seven days before the meeting of this case, and as F and J did not attend the meeting of this case with the approval of the Council, the meeting minutes of the board of directors completed the meeting by sealing the F and J’s respective seal impression affixed to the meeting minutes of the board of directors, and such resolution method is invalid because there is a serious defect to the extent that the resolution of the board of directors cannot be deemed to exist.

Nevertheless, around April 16, 2015, the Defendant: (a) prepared an application document for registration with the purport that the Plaintiff was appointed as a D director by the registration division of the Incheon District Court in the Nam-gu Incheon Metropolitan City District Court; (b) submitted it to the above registration division; and (c) made the registration of the appointment of directors; and (d) had the above registration division keep the corporate registry stating the above fact.

Accordingly, the defendant makes a false report to a public official to record false facts in the register of a corporation which is the original copy of a fair deed.