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(영문) 서울중앙지방법원 2016.08.24 2014고정5322
자격모용사문서작성등
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that the Defendants are not officers or shareholders of E Co., Ltd. (hereinafter “E”), and thus are not entitled to participate in the business and management of the above company, such as holding a general meeting of shareholders of the above company. However, the Defendants prepared a false document as if the Defendants were shareholders of the above company, and were willing to acquire the management rights of the above company by taking office as the officers of

A. On March 6, 2014, the Defendants prepared private documents, at the office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with no authority, and had H Co., Ltd. (hereinafter “H”) whose representative director is the Defendant A (hereinafter “H”) possess 21,00 shares of E. As Defendant B owned the shares of the said company, the Defendants prepared a shareholder registry as if they were the shareholders of the said company’s 9,000 shares, had H and Defendant B affix the Defendant’s seal on the E representative director column, and then held a temporary general meeting of shareholders using a computer as if they were the shareholders, and in the contents thereof, the following temporary general meeting of shareholders is held at the new head office at 10:0 a.0 am on March 05, 2014.

“The total number of shareholders; two shareholders; the number of shareholders present; 30,000 shares; 30,000 shares; and 30,000 shares; and the Speaker; and “The Speaker, followed, the representative director of the company, I of the intra-company director who is the representative director of the company, and the Dong J, shall be dismissed from the intra-company director and shall elect a new representative director; and all shareholders shall be appointed to the representative director after careful consultation, and then appointed a person to the representative director. The representative director A and the above elected person shall be the representative director; i.e., the appointment of the director at the seat; i., the appointment of the representative director at the seat on March 05; 2014; i.e., the E representative director of the company; and ii) prepared and printed the documents stating “A” as Defendant A; and thereafter, K had been dismissed in advance with the authorization of Defendant A.

E’s corporate seal imprint was affixed to the above A’s name with the consent of Defendant A.

Accordingly, the Defendants are the defendants.

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