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(영문) 수원지방법원 2013.12.19 2013노2928
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The name and seal of the director J and K in the minutes of the board of directors of this case dated October 15, 2011, which was written under the name of the defendant, was arbitrarily prepared by N in the staff of the M judicial scrivener office who was delegated to prepare the minutes of the board of directors regardless of the defendant's will.

Nevertheless, the court below found the defendant guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if the Defendant’s conviction is recognized, the lower court’s punishment (fine of eight million won) is too unreasonable.

2. Determination

A. The following facts or circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., the total number of the registered directors of the instant C, i.e., the number of the board of directors is 9, and the quorum of the board of directors under the articles of incorporation is stipulated with the attendance of at least 6 directors and with the concurrent vote of at least a majority of the present directors (Evidence No. 1: evidence No. 63); ii) the meeting of the instant C board of directors held in E restaurant located in Songpa-gu Seoul on October 15, 2011, the board of directors of the instant case oppose four directors, including J, K, G, H, and H, among the eight directors present on the issue No. 1, the board of directors of the instant case, including J, K, G, and H, and the number of the members present on the agenda No. 2 (No. 184, No. 184, No. 185, Dec. 17, 2015).

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