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(영문) 광주지방법원 2017.11.02 2016고단4946
공정증서원본불실기재등
Text

The defendant shall be innocent.

Reasons

1. On July 6, 2015, the summary of the facts charged in the instant case: (a) the Defendant falsely prepared a contract for transfer of shares as if he/she had acquired 10,00 shares of D Co., Ltd. (hereinafter “D”) from D Co., Ltd. (hereinafter “D”); (b) despite the fact that he/she did not have acquired 8,000 shares from D Co., Ltd. under the name of D’s wife F; and (c) on July 8, 2015, the Defendant had a temporary general meeting of shareholders dismissed the representative director G; and (d) arbitrarily prepared a copy of the temporary general meeting of shareholders and a copy of the board of directors as if the board of directors appointed the Defendant as the representative director at the board of directors on the same day; (b) on July 9, 2015, the Defendant submitted the foregoing documents to a public official in charge of registration, whose name is not known, and submitted the above documents to change the name of representative director from D to G to the Defendant’s address; and (c) made the above public official falsely recorded the fact.

2. The Defendant and his defense counsel asserted that the Defendant and his defense counsel held 20,00 shares of D under the name of F and H, on the proposal of I, changed only the name of 10,000 weeks in the aggregate of shares stated in the facts charged for the purpose of opening a bank account and for the convenience of the issuance of bills to C and E, a son or his relatives, and failed to issue bills as the representative director under the intention of B, and merely notified I and restored the shares and the representative director's name to the original state, and thus, did not cause the Defendant to enter the false facts in the corporate registry.

3. Determination

(a)in accepting shares issued by the relevant legal principles, the subscription to shares shall be made in its name with the consent of the other person;

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