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(영문) 서울동부지방법원 2016.12.15 2016노1115
공정증서원본불실기재등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in this case constitutes a case of defect to the extent that the resolution of the regular assembly of delegates in 2014 was legally nonexistent, and thus the Defendant’s act, which completed the registration in accordance with such resolution, constitutes a crime of false entry in the original of a notarial deed and the same exercise thereof. However, the lower court acquitted

2. The Defendant: (a) around December 12, 2014, at the registry office of the Seoul Eastern District Court in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), the (g)B Association’s regular meeting in 2014 shall be held at the 12th floor of the building C, Sungnam-gu, Seoul Special Metropolitan City; (b) shall be held with the attendance of at least 42 incumbent representatives in applying for the removal and election of directors; and (c) shall make a resolution with the consent of at least a majority of the incumbent representatives; but (d) shall not be qualified as representatives; (e) during the attendance of 23 persons, including 19 members, including D, E, F, G, H, H, K, K, L, M, P, P, Q, T, T, T, and V, the Defendant dismissed the directors and seven other members, who are directors; and (e) made a resolution to select at the H and eight directors, as if the resolution was duly made at the general meeting.

Accordingly, the public official in charge of registration who did not know of the fact is required to enter W and seven directors, who are directors of the Association B, in the electronic records identical to the authentic copy of the authentic deed, in order to make the registration of change of directors who take office by H and eight other persons, and to use it by having the aforementioned computerized computerized register in which the facts of the mistake are recorded.

3. The lower court found the Defendant not guilty on the following grounds.

The crime of false entry in the original of a notarial deed is established when a public official makes a false report to a public official to enter false facts into the original of a notarial deed, and there is no matter stated in the original of a notarial deed.

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