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(영문) 서울중앙지방법원 2018.11.01 2017노3732
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for ten months and for six months, respectively.

except that this judgment.

Reasons

The summary of the grounds for appeal is erroneous in the misapprehension of the legal principles or misunderstanding of the facts of the grounds for appeal (including false entries and events such as public electronic records, the preparation of private documents for qualification, and the exercise thereof), and the transfer contract of shares by the F on June 25, 2012 is invalid because it is merely merely because it is necessary for the F to prevent the complaint of M from filing a complaint, by deceiving the Defendants, and the Defendants were prepared formally.

Therefore, since the defendants are in substance in the position of shareholders holding 100% shares in C Co., Ltd. (hereinafter referred to as “C”) and each of the crimes of this case is not established.

Even if the shareholder status is determined according to the entry in the shareholder list, the Defendants believe that the waiver and the transfer contract of shares transfer are invalid as of September 25, 2013, the Defendants filed a request with the racing tax office for information disclosure, and verified that D and Defendant B still have been entered as a shareholder of the KFC, following consultation by attorneys-at-law, and prepared an application for change of the stock company.

Therefore, there was no perception of illegality against the Defendants.

The sentencing unfair sentence sentenced by the court below to the defendants (Defendant A: one year of imprisonment, two years of suspended execution, 120 hours of community service order, Defendant B: six months of imprisonment and two years of suspended execution) are too unreasonable.

In fact, according to the evidence duly adopted and examined by the court below, it is acceptable to find the following facts in light of whether the defendants were in the position of shareholders of the KCAC at the time of the temporary general meeting of shareholders around September 25, 2013.

On January 31, 2011, the Development Bank Co., Ltd. is a company established for the operation and management of exhibition facilities, human manufacturing, sale, and licensing business, etc., according to consultation between F and Defendant A at the time of its establishment, the stockholders list shall be 156,000 shares out of the total number of outstanding shares, and Defendant B (Defendant A) (Defendant B) at the time of its establishment, in accordance with consultation between F and Defendant A.

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