One shareholder of a so-called one-called company shall prepare the minutes of a general meeting of shareholders and the board of directors, and make a registration for change of a corporation officer, and make an incorrect entry

In so-called one-person company, the intent of the single-person shareholder is the immediate resolution of the general meeting of shareholders and the board of directors. Thus, it cannot be deemed that the resolution did not exist or invalid because it did not go through the formal procedures such as notice of convening the general meeting of shareholders and the board of directors. Thus, it cannot be deemed that the one-person company entered the matters concerning the improvement of executive officers in the corporate register without formal procedures,

Article 228 of the Criminal Act

Defendant 1 and two others

Prosecutor

Daegu High Court Decision 76No192 delivered on November 10, 1977

The appeal is dismissed.

The grounds of appeal are examined.

For the first point:

The court below decided that the non-indicted 3's normal heating is a shareholder who owns all the shares of the new polar Construction Co., Ltd. (in addition to the shareholders' list, etc. of the same company, eight shareholders are entered in the register of the same company, but if the records are determined, all of the above persons are a relative of normal heat and have a disability in the shareholder's appearance for the convenience of tax-free administration) by putting the non-indicted 1, which is the relative of the company's name, into the representative director under the name of the same company (this is only equipped with the form as the representative director, and actually goes to work at the same company, and did not perform his duties as the representative director) by taking account of the fact-finding evidence on the facts charged against the defendant 3. The court below did not err in finding that the above company's liabilities were due to the above defendant 300,000 won as the executive director of the same company, and it did not err in finding that the above company's liabilities were due to the above 300,000,00 won of the above facts charged.

As to the second issue:

The court below found Defendant 1 and 2 as an officer of the above company's private document forgery, event, false entry of the original copy of a notarial deed, and facts charged of the above uttering, and found Defendant 1 guilty of the above facts as an officer of the board of directors on December 15, 1972, and paid 100,000 won of the above new and new shares and operating rights to be purchased from normal heat of 200,000 won, and the remaining 110,000 won of the shares were already constructed before the above sales contract was executed under the name of the company for the above 306,875 won to the above 10,000 won of the shares issued by the board of directors for the reason that the above 100,000 won of the 10,000 won of the 10,000 won of the 306,000 won of the 306,000 won of the 120,000 won of the 37,0 won of the 37.

As to the third point

The gist of the grounds of appeal is that the above normal order and the above sales contract between Defendant 1 and the above company's shares and the above company's management right are not effective due to the defendant's failure to pay the price, or the above company is not a company which is not a company of the same defendant, and consumption by receiving the money in the statement of indictment without the right to operate the company constitutes embezzlement. In this regard, as seen in the above, the court below recognized the fact that the above sales price was paid in full and that the above defendant purchased the company's shares and became a shareholder of the same person, the court below's arguments cannot be adopted on the grounds of the facts duly admitted by the court below and contrary to the facts duly admitted by the court below.

Therefore, all appeals are dismissed without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices Ahn Byung-hee (Presiding Justice)