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(영문) 대구지방법원 포항지원 2017.03.08 2016고단785
공정증서원본불실기재등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 20, 201, D Co., Ltd. (hereinafter referred to as “D”) lent the name of G in order to operate a trade business, and established it as the representative director of D and one shareholder, but did not raise any result of the business. Since around November 2011, about 10 persons, including Defendant, F, H, and G, etc., are gathered from around 10 to take charge of the acquisition of the land subdivision project in the Kim Sea area in the name of the above company, and agreed to make investments in each of the funds or attract investors necessary for the acquisition of the business in the name of the above company, and to comply with mutual agreement with respect to the distribution of shares, profits, etc. of D, taking into account the results after the completion of the said business in the future.

On May 16, 2012, as a result, the Defendant, F, H, and G were finally unable to be selected as the assignee of the above land-building project, and upon entering into a contract for acquisition of shares on May 23, 2012, the Defendant, F, H, and G agreed to change the ownership shares of D from G 100 to “G 90% and H 10%”, and appointed H (State) directors of H (State). After entering into a contract for acquisition of shares of 90% in the above G name on August 16, 2012, the Plaintiff agreed to change the ownership shares of 90% in the above G name to “I (F’s father) 40%, H20%, and J (Defendant’s mother) 30%,” and the representative director of G voluntarily resigned from D’s representative director and retired from H as H(State).

On the other hand, the Defendant and F and H began competition to secure management rights of (State)D, and the Defendant, without the consent of F and H on October 16, 2012, concluded as above, without the consent of F and H, on August 16, 2012, voluntarily thrown away a contract for acquisition of shares of the Defendant, and thereafter (State) on behalf of the said company without the consent of H, who is the representative director of H, on March 21, 2013, holds shares of 50% of the shares of the said company (State) for normalization between K and L, and at the same time, assigned 90% of the shares of the said company to L under its affiliated contract.

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