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(영문) 서울남부지방법원 2018.04.06 2016노1752
자격모용사문서작성등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) (hereinafter “instant company”) is 57.78% of the shares issued by H Co., Ltd. (hereinafter “the instant company”) in the name of the complainant by Defendant A (180,000 shares out of the total 1.80,000 shares as of 2014).

hereinafter referred to as “instant shares”) was entrusted in the name of the title;

Therefore, the complainant is a shareholder who actually holds the shares of this case.

The court below rendered a not guilty verdict on the charges of this case on different premise. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case 1) The Defendant A was a person in de facto marital relationship with the director I of the company G H Co., Ltd. located in Gangseo-gu Seoul Metropolitan Government (the instant company), and the Defendant B was a person in a de facto marital relationship with the representative director I of the said company at the time of the event, such as preparing private documents for qualification copying, holding private documents prepared, holding private documents prepared for qualification copying, using private use for private purpose, exercising illegal use, private use, private use, and electronic records recorded

I was appointed as the representative director on March 31, 2010, and the above company held 40% of shares of Defendant A and 60% of shares of Defendant I.

On September 1, 2015, for the purpose of excluding I from the management of the company, the Defendants prepared the minutes of the board of directors which Defendant A owned 100% of the company’s shares, which I would be dismissed from the representative director of the company, and the minutes of the board of directors to appoint I as the representative director of the company and the minutes of the board of directors to appoint B and J as the director of the company, and submitted them to the Seoul Central District Court for registration of the change of the representative director.

A) As seen above, Defendant A and the event of a private document prepared for qualification reproduction and qualification reproduction are as follows: “A”, “A”, “180,000”, “5,000”, and “5,000” and “90,000,000” in the face amount column of one week in the list of shareholders in the form of shareholders’ list secured in advance at the place of default on September 1, 2015.

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