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(영문) 서울중앙지방법원 2016.12.08 2016노3565
자격모용사문서작성등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

Reasons

1. The summary of the grounds for appeal (the factual error) did not have promised to give Defendant A a share transfer to the shares of Company E, and the share transfer and takeover contract under the I’s name was forged on May 14, 201. As such, Defendant A, by misrepresenting himself as the representative director of the said Company, prepared the register of shareholders and the minutes of an extraordinary general shareholders’ meeting by misrepresenting himself as the representative director of the said Company, constitutes a crime of preparing private documents

Defendant

B It is also recognized that the minutes of the above extraordinary general meeting are prepared in collusion with Defendant A.

The facts charged in the instant case where the Defendants exercised the minutes, etc. of the provisional shareholders’ meeting prepared as above by means of notarial acts, and used notarial documents to record false facts in the corporate registration affairs system, and exercised the official electronic records by driving them.

The lower court rendered a not guilty verdict on all the charges against the Defendants, but the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The Defendants of the facts charged of this case were not officers or shareholders of E (hereinafter “E”) and were unable to participate in the business and management of the above company, such as holding a general meeting of shareholders of the above company. The Defendants prepared false documents as if they were shareholders of the above company. They were willing to acquire the above company’s operating right by taking office as officers of the above company.

[2] The Defendants (1) held a temporary general meeting of shareholders as if they owned 9,00 shares of the said company, and held a temporary general meeting of shareholders as if they owned 9,00 shares of the said company, and held a temporary general meeting of shareholders as if they owned 9,00 shares of the said company, and held the minutes of the temporary general meeting of shareholders and contents thereof in the office located in F of Seodaemun-gu Seoul Metropolitan Government around March 6, 2014.

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