logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.11.28 2013도8905
공정증서원본불실기재등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below, on the grounds as stated in its reasoning, determined that the defendant's crime of causing false entry in the authentic copy of the authentic deed and the exercise of the authentic copy of the authentic deed can be recognized, on the grounds as stated in the facts charged, for the following reasons: (a) although the court below obtained permission from the Seoul Southern District Court to convene a temporary general meeting for the purpose of a meeting to appoint one new director, there are serious procedural defects as stated in the resolution of the general meeting of shareholders, other than one new director, and thus, such resolution does not exist as a legitimate resolution of the general meeting of shareholders; and (b) it did not accept all the grounds for appeal for misconception of facts that dispute the validity of the resolution of the general meeting of shareholders of this case; (c) the recovery and ratification of defects; (d) the grounds for appeal claiming a legitimate act; and (e)

The judgment below

Examining the grounds for appeal in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds for appeal, or by misapprehending the legal doctrine on the grounds for revoking the invalidation of the general meeting of shareholders and the resolution of shareholders, the person holding the authority to convene the board of directors, the person holding the authority to convene the board of directors, the act of false entry in the authentic copy of the authentic deed, and the act of political

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow