logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.07.24 2014고합602
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On December 6, 2007, the Defendant is a company established for the purpose of managing “E Commercial Price” (35 buildings, 3,670 stores) (including 35 buildings, 35 buildings, 3,670 stores), which is a sales shop, such as D Co., Ltd., and the owner of the said commercial building is located in Geumcheon-gu Seoul Metropolitan Government F, and the owner of the said commercial building is the shareholder.

The resolution of the special shareholders' meeting (hereinafter referred to as "the first shareholders' meeting") and the resolution of the board of directors were appointed as the representative director of the above company, but the above first shareholders' meeting and the board of directors' resolution were serious defects in invalidation or absence, and the defendant was not legitimate representative director.

In other words, the first general meeting of shareholders is a temporary general meeting of shareholders convened according to the court's decision on the application for permission to convene a general meeting of shareholders (Seoul Southern District Court 2007 non-hap98), and ① "permission to convene a temporary general meeting of shareholders consisting of one new director and 7 directors in addition to 1 new directors in order to exclude the existing general meeting of shareholders." On the contrary, the first general meeting of shareholders is adopted to appoint 7 directors in addition to 1 new directors in order to exclude the existing general meeting of shareholders, and the new 8 directors hold a board of directors and appointed the defendant as the representative director. ② During the first general meeting of shareholders, the defendant distributed a false notice stating that "the defendant was sentenced to the Seoul Southern District Court excluding transfer executive departments of D Co., Ltd. and to conduct a provisional general meeting of shareholders in accordance with the purport of the shareholders," stating the purpose of the meeting only as the appointment of directors without specifying the number of the directors available, ③ during the provisional general meeting of shareholders, by adding the voting rights to the above shareholders.

arrow