Text
Defendant
A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A was sentenced to ten months of imprisonment for fraud at the Daegu District Court on January 20, 2017, and the judgment became final and conclusive on March 30, 2017, and was the representative director of a social welfare foundation E located in Nam-gu, Nam-gu. On August 6, 2014, the Daegu District Court sentenced a fine of three million won on September 10, 2015, which became final and conclusive by the Supreme Court on September 10, 2015.
Defendant
B is a director of the above social welfare foundation E.
1. Defendant A
A. On December 4, 2015, the Defendant prepared a document stating “(g) the election of auditors and the development of the corporation, etc.” by using computers for the purpose of convening the board of directors of the said social welfare foundation E in the office of the said social welfare foundation, which was disqualified as an executive officer and did not have the qualification as a representative director.” In preparing the document stating “(g) the election of auditors and the development of the corporation, etc.,” and convening the board of directors at the request of the F, G, H, and B directors, etc. under Article 27(2) and (4) of the E Articles of Incorporation, as follows:
On December 14, 2015, 7 p.m., 7 p.m., place E office, agenda ① the case of election for the completion of the term of office, ② the case of the development plan for the (g) E-E-ray, ③ the case of the plan for the normalization of the board of directors ③ the case of the plan for the normalization of the board of directors ④ other cases, and the seal affixed to the “representative of the social welfare foundation E” is affixed to the “representative of the social welfare foundation E”, and the seal affixed to the representative director A
Accordingly, the defendant, for the purpose of exercising, prepared a copy of the private document on the proof of facts by gathering the qualification of representative director of the above social welfare foundation E.
B. The Defendant holding a private document prepared with qualification is a document prepared by mail to the above social welfare foundation E and the auditor, as if it were a document duly formed with the “election of auditors and the development of this foundation” prepared at the above date, time, and place.