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(영문) 서울중앙지방법원 2017.06.23 2017노726
자격모용사문서작성등
Text

The defendant's appeal is dismissed.

Reasons

1. A resolution (hereinafter referred to as the “resolution of this case”) that selects Defendant as the president of the Grand Session at a general meeting of D opened on November 21, 2014 (hereinafter referred to as the “general meeting of this case”) is valid.

Therefore, the defendant's qualification as the president of the Supreme Court is not ambiguous, but the contents of the application for registration are not false.

Even if the resolution of this case is invalid, since the defendant did not have intention to do so, the defendant is not guilty of false entry and crime of accompanying electronic records, such as preparation of private documents for qualification as well as the preparation of accompanying documents and the crime of accompanying electronic records.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the instant resolution was null and void as it was adopted without going through legitimate procedures or was actually deprived of the voting rights of the majority of all the members after the end of the ordinary general meeting, and the recognition of the Defendant was sufficiently recognized.

Therefore, the defendant's assertion is not accepted.

① First, the circumstance during which the defendant asserts the resolution of this case is adopted is examined.

On November 21, 2014, the general meeting of this case was held in F in Sju City E in the presence of 311 members of F.

In that sense, G, the chairman of the election management committee, was related to the sale of clans property, etc. among the candidates for the president, and made fraudulent audit, and declared deprivation of the candidate for the reason that G, the chairman of the election management committee, had caused confusions between the candidates deprived of the qualification and some members of the clans.

In such a situation, even though there was a single-hour voting, there was no dispute over the status of Class G's status, and there was no normal progress.

G again, from the Fma to the Chairperson, K and the Defendant were put in voting, and the number of votes was mixed.

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