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(영문) 서울중앙지방법원 2012.11.02 2012고단384
자격모용사문서작성등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as the representative director of Gangnam-gu Seoul Metropolitan Government C Building Co., Ltd. (hereinafter referred to as “principal company”) from March 27, 2010 to October 22, 2010.

The Defendant had been operating the Victim E and this Company as a partnership with the Defendant, and E purchased total of 70,000 shares including 29,182 shares held by minor shareholders through the Defendant, thereby becoming the largest shareholder who owns 70% of the shares of this Company, and registered the Victim E on August 13, 2010, and the Victim F, a partner of E on September 13, 2010, as the internal director.

The victim E was dissatisfied with the defendant on the grounds of the defendant's operational negligence, etc., the victim E convened a general meeting of shareholders on October 22, 2010 according to the resolution of the temporary general meeting of shareholders of the company of this case. The general meeting of shareholders called for the defendant was registered on November 5 of the following year: the defendant was dismissed from the representative director and inside director; the victim E was the representative director; the same F and G were each in-house director; and the same H was appointed as the auditor.

As such, the Defendant, who was dismissed from the office of representative director of the instant company, is a major shareholder E holding 70% of the shares of the instant company. Thus, even if a general meeting of shareholders is held without excluding E, such a general meeting of shareholders is null and void due to significant defects in the convocation procedure. Even if the general meeting of shareholders passes a resolution to dismiss directors and auditors or to appoint new directors and auditors, such resolution is well known to be null and void, even though it is well known that the resolution is also null and void, he/she prepared relevant documents, such as the list of shareholders and the minutes

1. Preparation of qualification documents;

A. On October 26, 2010, the Defendant prepared a register of shareholders using computers without authority to exercise at the principal office of the building in Gangnam-gu Seoul Metropolitan Government C building.

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