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(영문) 서울남부지방법원 2013.04.10 2012고정4020
공정증서원본불실기재등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 15:00 on December 6, 2007, the Defendant was appointed as a director of the above E Co., Ltd. with F, G, H, I, J, K, L, and L at the temporary general meeting of shareholders of the E Co., Ltd. held at the lecture of the D Hall located in Seocho-gu Seoul Metropolitan Government. Around 10:00 on December 17, 2007, the board of directors held in Geumcheon-gu Seoul Metropolitan Government E Co., Ltd. at the meeting was appointed as the representative director of the E Co., Ltd.

However, the above provisional shareholders' meeting was held on November 6, 2007 by the decision of the Seoul Southern District Court No. 2007Bhap98, and the above decision is permitted to convene a provisional shareholders' meeting for the purpose of the meeting, so only one new director may be appointed, but since the above provisional shareholders' meeting appoints eight new directors including the defendant at the above provisional shareholders' meeting, the above eight directors' application for changes in the bill of indictment made on February 18, 2013 as the "representative director", but it appears to be a clerical error.

In addition to the absence of the authority to convene a special general meeting of shareholders, there was no court decision necessary for the meeting.

In addition, the above board of directors refused a request for convocation made by the N, registered as the representative director at the time of the above board of directors on December 7, 2007, and on December 11, 2007, eight new directors appointed at the above provisional general meeting of shareholders including the defendant, including the defendant, are notified of convening the board of directors meetings to the above N, the existing directors, P, and auditors, and the above eight new directors are present and held. The board of directors dismissed the above N from the representative director, and the appointment of the defendant as the representative director is based on the appointment of directors at the temporary general meeting of shareholders in violation of the above court decision, and the appointment of the defendant as the representative director is based on the appointment of directors at the temporary general meeting of shareholders in violation of the above court decision, and therefore, the resolution made by one director and the unqualified person, so the resolution made by the board

Nevertheless, the defendant on December 2007.

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