Defendant

Prosecutor

astronomical Management

Attorney Yoon Byung-hee

Ulsan District Court Decision 2007 High Court Decision 503 Decided August 23, 2007

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

With regard to the fraudulent entry in the original of a notarial deed and the fact of the event, although the defendant submitted a written consent of shareholders to the effect that he was delegated by all shareholders during the judgment of the court below, it is difficult to exclude the possibility of the consent of shareholders at the time of the preparation of the minutes due to the lack of trust in light of the preparation process and submission period, and as long as the above written consent cannot be trusted for the above reasons, the general meeting of shareholders cannot be deemed valid. Since it is clear that the defendant is not qualified as the Speaker under the original articles of incorporation of the corporation in this case, preparing the minutes of the meeting held at will by referring himself as the Speaker pro tempore, the preparation of the minutes of the meeting constitutes each of the above crimes. However, the court below acquitted the defendant of all of the facts of this case on the premise that the general meeting of shareholders is valid, by misunderstanding

2. Determination

In light of the above facts, the court below held that the above 20,00 shares issued by the defendant was a juristic person established for the purpose of conducting various data processing business, and that the above 1,60 shares were totaled from 196 to January 2, 202; 12,600 shares; 70 shares as the defendant's wife were 1,60 shares under the name of 1,60 shares; 2,00 shares were owned by 1,90 shares; 10, 11,12 shares were 60 shares each of the above 1,60 shares; 2,00 shares were not listed in the above 1,00 shareholders' meeting minutes; 3,00 shares were not listed in the above 1,00 shareholders' meeting; 4,00 shares were not listed in the above 1,00 shareholders' meeting; 2,000 won were not listed in the above 20,000 won of the above 20,000 shares were already listed in the shareholders' meeting.

In light of the records, the court below is just in finding the defendant not guilty of each of the facts charged in this case. The court below did not err by misapprehending the facts or by misapprehending the legal principles as alleged in the grounds of appeal, thereby affecting the conclusion of the judgment.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Jong-cheon (Presiding Judge)