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(영문) 서울남부지방법원 2014.09.23 2014고정1882
공전자기록등불실기재등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On July 8, 2013, the Defendants conspired to submit the minutes of the temporary general meeting of shareholders and the minutes of the board of directors on July 5, 2013 to the person in charge of the above court, the registry office of the Seoul Central District Court located in Seocho-gu Seoul Central District Court located in Seocho-gu, Seoul Central District Court, and through a certified judicial scrivener D, filed an application for registration of change of company with respect to change in the status of directors and increase in the capital

However, in fact, the Defendants did not have the right to hold a temporary general meeting or a board of directors because they were not shareholders or directors of the above company at the time, and they did not have the right to attend a temporary general meeting or board of directors, and thus, the Defendants’ failure to hold a temporary general meeting or a resolution of the board of directors

Nevertheless, by applying for registration of modification as above, the above employee in charge was dismissed from office E, and Defendant A was appointed as representative director, F, and G as inside director, and by having the employee in charge take office as the representative director, F, and G, the total amount of capital increased to 250,000,000 won, and made a false report to the public official and entered false facts in the corporate register, which is a public electronic record, and around that time, it was exercised by having the employee in charge keep the above corporate register.

Summary of Evidence

1. Statement of each police statement of E and H;

1. Application of Acts and subordinate statutes requiring the appointment of a replacement of a representative director and a full certificate of registered matters, a sales contract of stocks, a sales contract, a certificate of stock transfer, a list of shareholders, a notice of stock transfer and takeover, each written contract for stock transfer and takeover, a receipt, each certificate

1. Article 228 (1) and Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment:

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