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(영문) 인천지방법원 2017.08.09 2017고단2953
공정증서원본불실기재등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2013, at around 10:00 on February 10, 2013, the Defendant convened a temporary directors meeting of the above foundation among the directors of the medical corporation E, and decided to appoint H, A (Defendant), I, J, and K as directors, and L as auditors, together with G at around 402 of the F building in the Nam-gu Incheon Metropolitan City. On the same day, around 10:50 on the same day, the Defendant attended a meeting of the director who is newly appointed as a director through the above resolution and resolved to appoint H as the chief director.

However, at the time of the above board of directors, there were four directors of the E Foundation, including Defendant, G, M, and N, and when convening the board of directors in accordance with the articles of incorporation of the Foundation, each director and auditor must be notified in writing specifying the purpose, agenda, date, time, place at least seven days prior to the meeting. The quorum of the board of directors is the majority of the directors present at the meeting and the quorum of the resolution requires the consent of the majority of the directors present at the meeting. The Defendant did not notify M before the convocation of the board of directors. The N, N, M did not attend the meeting at around February 10:0, 2013, which did not meet the quorum of the board of directors, so the resolution to appoint H et al. as a director and auditor is invalid because there is a significant and obvious defect in the convocation procedure and method of the board of directors’ resolution. The resolution to appoint H et al. as a director is also null and void.

Although the defendant knew that the above resolution was invalid due to the above significant and obvious defects, he/she prepared a false minutes of the board of directors stating that "at around February 18, 2013, at around 10:00, Mado present at MM on February 6, 2013, three half of the registered directors present at the board of directors, present at the meeting and present at the meeting and present at the meeting." On February 22, 2013, H as the president, A (Defendant), I, J, and K as the directors, and L as the auditors, respectively, by attaching false minutes of the board of directors to the Suwon District Court registry through the certified judicial scrivener office around February 22, 2013.

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