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(영문) 수원지방법원 안산지원 2012.12.04 2012고정1878
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was the representative director of C Co., Ltd. from January 201 to March 22, 2011.

1. Although the Defendant cannot be deemed as one shareholder, such as waiver of shareholder rights of C&A, the Defendant prepared a list of shareholders at the E office located on May 17, 2012, in Ulsan-gu, Ulsan-gu, Seoul-gu, as if the Defendant was one shareholder of the said company, at will, as if the Defendant was the one shareholder of the said company, the Defendant arbitrarily prepared the list of shareholders; on the premise that he was the one-person shareholder of the said company, F and intra-company directors G, H, I, J, and Audit K were dismissed and taken office, under the premise that he was the one-person shareholder of the said company; A, L, M were each in-house directors, and N were elected and taken office; the board of directors prepared a minutes of a temporary general meeting of shareholders with the content that the Defendant was appointed as the representative director; and written in the column

For the purpose of exercising authority, the Defendant, without authority, prepared one copy of the application for change of registration, which is a private document concerning rights and duties, with the qualification of the representative director of C&A.

2. Around May 17, 2012, the Defendant: (a) submitted an application for registration of change of a stock company, which was prepared by a registry official, to the registry official through a certified judicial scrivener’s directors, from the registration of the Changwon District Court located in Seongbuk-gu, Sungwon-si; and (b) around May 17, 2012, as if the application was duly prepared.

3. The Defendant had a registry official who may know that the entries in the application for registration of alteration are false at that time, enter false facts in the corporate register that is the original notarial deed as stated in the application for registration of alteration.

4. The Defendant exercised the original notarial deed by allowing a public official of the registry office to keep the corporate register containing any false fact in the registry around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer in G.

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