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(영문) 대구지방법원 2015.12.11 2015노2093
상법위반등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment on the grounds of ex officio judgment.

In the first instance of the trial, a prosecutor filed an application for changes in the indictment with respect to each of the facts charged described in Article 1-2 (b), (c), and (3) below (amended facts charged) of the lower judgment [2013Kadan14] as “non-entry in the original of a notarial deed” and “exercise of the original of a notarial deed” in the name of the facts charged as “non-entry in the public electronic records, etc.,” and “exercise of the original of a notarial deed,” respectively, as stated in the facts charged in Article 1-2 (b), (c), and (3)

【Revised Indictment】

1. The point of the lump sum payment on February 23, 2010;

B. On February 23, 2010, the Defendant entered the public electronic records, etc. into the registry office of the Daegu District Court in order to submit the necessary documents to register the establishment of G with the registry office of the Daegu District Court to enter the public electronic records, etc. into the total number, type, and number column of shares issued in the commercial register with respect to G which is the same electronic records as the original copy of the authentic deed and enter the public official in the total amount “10,000 shares issued, 10,000 shares issued, common shares, and 10,000 won” respectively in the total amount of capital column.

Accordingly, the defendant stated false facts in the commercial register, which is the same electronic records as the original of the authentic deed.

C. The Defendant had a public official in charge, who is aware of the aforementioned circumstances at the time, at the above time, and at a place, keep the above commercial register, which is an electronic record identical to the original of a notarial deed, and exercised it.

2. The point of the best payment on October 26, 2010;

B. On October 26, 2010, the Defendant entered false information, such as public electronic records, etc., in a registry office of the Daegu District Court (Seoul District Court) issued in the same manner as above, a certificate of deposit balance.

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