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(영문) 전주지방법원 2017.06.22 2017고정85
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant has been operated previously by her Defendant

In order to bring about favorable results to C stock companies in the dispute over construction price arising between C and D companies, it is false in mind to register the change of the representative director and in-house director.

On October 16, 2015, the Defendant: (a) around 11:13, 200 shares of the Suwon District Court located in the Silsan District Court; and (b) the facts were owned by E, 6,200 shares (69%) among shares of the C&A; and (c) although the Defendant and G did not have resolved on the change of the representative director and in-house director, the Defendant and G own all shares of the said C&A; (b) removed the existing representative director H and in-house director I; and (c) prepared a false written resolution and a list of shareholders, etc. as if they were resolved on the change of the representative director and in-house director; and (d) had the said public official in charge of the said registry submit an application for the change registration accompanied by the said written resolution, etc. to enter the changed matters into the said public official.

Accordingly, the defendant made a false report to a public official, and made him record false facts in the register of a juristic person which is an electronic record, and exercised it by allowing him to keep it in the register around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes, such as public sentences, etc. on changes in stocks and a stockholders list;

1. Relevant Article 228 of the Criminal Act and Article 228 of the Criminal Act (1) (the re-issuance of an electronic record, etc.), Articles 229 and 228 (1) of the Criminal Act (the occupation of an event, such as an electronic record, entered as false), the selection of fines for criminal facts;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for concurrent crimes, such as the official electronic records, etc., of which the quality of the crime is heavier,);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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