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(영문) 서울동부지방법원 2019.06.12 2018고단3259
사문서위조등
Text

Defendant

A Imprisonment for one year, each of the defendants B and C shall be punished by a fine of KRW 7,00,000.

Defendant

B and C shall be subject to the above fine.

Reasons

Punishment of the crime

Defendants are siblings. Defendant A, as the real representative of corporation D for the purpose of the restaurant, retail sale of food beverages, and agency operation business, was in charge of investment and business. Defendant B was in charge of the management of store and staff as the representative director in the registration of the LAB, and Defendant C was in charge of financial management, etc. as the internal director of the LAD.

On July 7, 2014, the Defendants established a joint venture company G with F Co., Ltd., Ltd., and concluded a joint venture agreement with the following terms: (a) the Defendants established a joint venture company with F Co., Ltd., Ltd., Ltd., and would operate the J within I located in the first floor of Gangnam-gu Seoul, Gangnam-gu.

K, the same student of the above E, shall be in charge of the representative director of the G L in charge of the L in charge of the financial management of G, and the Defendants shall keep the said corporate seal impression.

On February 1, 2014, the Defendants entered into an entrusted operation agreement with L Co., Ltd., which is a famous company, with the content of operating a restaurant in the name of "O" in the Gangnam-gu Seoul Metropolitan Government M M on the early 2016. On the ground that the above "O" rent is in arrears and the lease contract is terminated due to the failure to pay, the Defendants had their seal impression in the agreement, and they had the intention to arbitrarily charge the L Co., Ltd. to bear the joint and several liability when borrowing funds from P Co., Ltd. (Representative Q).

Defendant

A around February 12, 2016, at the D office located in the fourth floor of the Gangnam-gu Seoul Ro Building, Defendant C made a form of a monetary loan agreement stating that “A Co., Ltd. borrows KRW 180 million from P Co., Ltd. to May 15, 2016 at an interest rate of 8% per annum from February 16, 2016 to May 15, 2016 jointly guaranteed by G Co., Ltd.,” and upon receiving the notification and approval from the Defendant B, the representative director of the merger resolution D Co., Ltd., Defendant C.

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