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(영문) 서울남부지방법원 2014.04.25 2013노1739
공전자기록등불실기재등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) misunderstanding of facts. G Co., Ltd. (hereinafter “G”) was established with Defendant A’s promoters and actually established with respect to the crime of false entry in public electromagnetic records, etc., and Defendant B acquired the entire shares of the said company from Defendant A on October 25, 2010, and Defendant B acquired the entire shares of the said company from Defendant A on October 25, 2010 (the acquisition of shares by Defendant A to I), and thus, Defendant A acquired the entire shares of the said company (the acquisition of shares by December 10, 2009, and the certificate of securities transaction are all forged). The Defendants convened a temporary shareholders’ meeting on November 23, 2010, resolved to dismiss H and internal directors at H, and the representative director was acting with Defendant A as an internal director, and the lower court erred in the misapprehension of the legal principle by misapprehending the legal principle of the amendment of the articles of incorporation.

(2) As above in the crime of interference with business, a resolution to dismiss H as the representative director and the inside director at the temporary general meeting of shareholders on November 23, 2010 and a resolution to amend the articles of incorporation to the effect that the defendant Gap acts as the representative director as the representative director. Therefore, the defendants' request to the National Bank to suspend entry into and withdrawal from the existing corporate account with the legitimately modified corporate register and the corporate seal imprint at the time of the above registration is an act within the official authority of the defendant A, the representative director acting as the representative director, and thus, it cannot be deemed as an act interfering with G’s business. Thus, the court below erred by misapprehending the facts, thereby obstructing the defendants.

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