The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

1. The summary of the grounds for appeal (fact-finding) was that the Defendant was dismissed from office as a director at a general meeting of shareholders of B Co., Ltd. (hereinafter “B”) on August 9, 2012, and the qualification as a representative director was lost due to the removal from office, and was subsequently restored retroactively to B’s qualification as director and representative director upon filing a lawsuit for cancellation of the resolution at the general meeting of shareholders on August 9, 2012 and receiving a final

Therefore, the Defendant was a legitimate representative director B at the time of drafting and submitting an application for registration of change as stated in the facts charged of this case, and thus, the facts charged of this case cannot be found guilty.

2. Determination

A. If a judgment revoking the resolution of the general meeting of shareholders of the relevant legal principles becomes final and conclusive, the representative director selected by the board of directors comprised of the directors appointed by such resolution shall retroactively lose his/her qualification.

(1) If a revocation judgment on the resolution of the general meeting of shareholders of the removal of a director becomes final and conclusive, the director dismissed by such resolution shall be retroactively restored to his/her qualification.

B. According to the records, the following facts are revealed. (A) The Defendant, who was the representative director B, was dismissed by a resolution of the general meeting of shareholders held on August 9, 2012; (b) C, etc. was appointed as a new director at the same general meeting of shareholders; and (c) the newly appointed directors appointed as the representative director at the board of directors on the

B) On April 4, 2016, the Daejeon High Court rendered a judgment revoking the resolution of the general meeting of shareholders to dismiss the above director and to appoint the director. The above judgment became final and conclusive around July 14, 2016. 2) Examining the above facts in light of the legal principles as seen earlier, inasmuch as the judgment of revocation on the resolution of the general meeting of shareholders held on August 9, 2012 became final and conclusive, the Defendant, who was dismissed in the resolution of the above general meeting of shareholders, reinstates his qualification as the representative director B retroactively. As such, the Defendant, on November 2012, prepared an application for registration of alteration of the company, indicating himself as the representative director B, and made it on December 4, 20