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(영문) 수원지방법원 2018.06.21 2017노8935
업무방해
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles)

A. misunderstanding of facts and legal principles 1) The Defendant merely took the documents related to the general meeting of shareholders (a list of the participants, power of attorney, certificate of seal impression, etc. of the aforementioned persons; hereinafter “each of the documents of this case”) on a customer’s behalf, and did not have taken full measures.

Even if such facts exist, this does not constitute “power”.

2) Temporary president G, a temporary president, voluntarily leaves a temporary general meeting of shareholders around 18:00, not a temporary general meeting of shareholders, but a temporary general meeting of shareholders is closed or closed. There is no resolution, and thus constitutes non-existence of a resolution of the general meeting of shareholders. In such cases, the Speaker pro tempore has the authority to prepare minutes

shall not be deemed to exist.

In addition, since there was no resolution at a temporary general meeting of shareholders, the Speaker pro tempore G et al. could perform the preparation of minutes at any time regardless of the possession of each of the documents in this case.

Therefore, even if the defendant did not return each of the documents of the case to H by taking away each of the documents of the case

As a result, the minutes of the Victim F Co., Ltd. (hereinafter referred to as “F”) are likely to be obstructed or interfered with.

shall not be deemed to exist.

B. In order to identify the status of shareholders present at a temporary general meeting of shareholders in the process of opening a temporary general meeting of shareholders for the legitimate exercise of rights by shareholders remaining after temporary president G, the Defendant’s act constitutes a justifiable act, as the Defendant brought each of the documents of this case under the direction of F representative Director I.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On June 24, 2016, the Defendant was in custody of H in accordance with the direction of G, a temporary president at the site of a temporary general meeting of shareholders held in F’ office located in Suwon-si, Suwon-si, Suwon-si (the list of the participants and the power of attorney of the above persons).

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