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1. Defendant shall be punished by a fine of KRW 3,000,000;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. The Defendant, in collusion with C and D, did not hold a temporary general meeting of shareholders of G at the F Certified Judicial Scriveners Office located in Suwon-gu E building 203 at around July 30, 2013, in collusion with C and D, and with the intent to exercise the right to hold a general meeting of shareholders and to exercise the minutes of the general meeting of shareholders, “H as of July 30, 2013” without authority to resign from the position of the representative director of the company as of July 30, 2013, and as a result of voting, I, J, A, and C were elected as the inside director.
“A copy of the temporary general meeting of shareholders shall be prepared, and the name of H shall be stated at the end of which was held.
H’s seal was affixed, and D submitted a copy of a forged temporary general meeting of shareholders on the same day as if it was a document duly formed by the Suwon District Court, Dongwon registry, which knew of the forgery.
Accordingly, the Defendant conspired with C and D in sequence, and forged a copy of a copy of a temporary general meeting of shareholders under H, a private document on rights and obligations, and exercised it.
2. The Defendant, in collusion with C and D, made a resolution as referred to in the preceding paragraph at the Suwon District Court’s Dongwon registry office around July 30, 2013; K with 50% shareholders of G Co., Ltd.; and L, although not having any fact of attending a general meeting of shareholders or of entrusting the Defendant with voting rights, all shareholders attended the meeting and made a resolution as referred to in the preceding paragraph.
The records of the temporary general meeting of shareholders mentioned above are submitted to the public official in charge of registration, and the public official in charge resigns from the representative director H on July 30, 2013, and I, J, A, and C respectively, and I were appointed as the representative director on the certified copy of the corporate register.
“.............” stated the purport.
Accordingly, the defendant, in collusion with C and D, made a false report to the public official to enter false facts in the certified copy of the corporate registry, which is the original copy of the process deed, and around that time, the above head of Dongwon registry.