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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around November 2012, the Defendant: (a) drafted a written agreement on the management of the said company with the purport that “E is the actual representative E of D and KRW 3 million per month, and is registered as the representative director under the name of the said company (tentatively referred to as “the former president”); (b) E and “E is 100% of the actual shareholders and the Defendant distributes and registers shares in the register of shareholders; and (c) prepares a written agreement on the management of the said company with the purport that “E is distributed and registered in the register of shareholders” on December 8, 2012; and (d) in preparation for any case, drafted a written agreement on the acquisition of shares on December 12, 2012 that “the Defendant transfers the said company’s shares to E” (47%).
However, the Defendant continued to suffer losses, such as having guaranteed debts as representative director in the course of lending funds for the operation of a company without giving the agreed money, and transferred three patent rights of the company to its own wife as a countermeasure for its losses.
Afterwards, the Defendant closed the above company on the ground of business deterioration without discharging the obligation equivalent to KRW 300 million guaranteed by the Defendant, and the Defendant requested the return of the above patent right and filed a complaint against the Defendant, although there was a situation in which the Defendant had to bear all the obligation by closing the company on the ground of business deterioration, and in order to gather this, the Defendant was willing to file a false complaint as if he forged the above share acquisition agreement and deducted the management right of the company.
On February 13, 2014, the Defendant: (a) made the complainant A to take charge of the representative director after drawing the complainant A into a partnership business relationship around December 8, 2012; (b) made use of the seal impression of the complainant on December 12, 2012, using the complainant’s registration office for change of representative director; and (c) made a false share transfer contract with 47% (35,250 shares from the complainant B), as if he/she was taken over from the complainant to the Defendant Nonparty on October 28, 2013, the Defendant reported the acquisition of shares under the name of the complainant as if the complainant requested a report.