The case affirming the judgment of the court below which held that there is no criminal intent to include false entry in the original copy of a notarial deed in the modified registration for retirement with different grounds for registration according to the advice of a certified judicial scrivener when a resolution to dismiss the representative director and registering the same in the registry

The case affirming the judgment of the court below which held that the reason for retirement due to expiration of the term of office of the representative director shall be prepared according to the advice of the certified judicial scrivener, and the reason for retirement due to expiration of the term of office of the representative director shall be changed due to the expiration of the term of office of the predecessor, and the provisional general meeting meeting minutes shall be prepared, and the reason for retirement due to expiration of the term of office of the predecessor shall be changed due to retirement due to expiration of the term of office of the certified judicial scrivener.

Article 228 of the Criminal Act

Defendant 1 and three others

Prosecutor

Daegu District Court Decision 92No2052 delivered on February 24, 1993

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The court below, based on macroficial evidence, determined that non-indicted 2, who had been the representative director of the non-indicted 1 corporation, was guilty of embezzlement of public funds, and thus the company operation would actually be terminated. The non-indicted 1, who is the director, expressed his opinion on the director's office. The non-indicted 2, who is the majority shareholder, should hold a temporary general meeting for reorganization of officers together with other shareholders. The defendant 1, who is the non-indicted 2 and 3, passed a notice for convening a temporary general meeting of shareholders on May 2, 1991 and June 5, 191, which was the non-indicted 2 and the non-indicted 3, who is the representative director at the temporary general meeting of shareholders, passed a resolution for replacement of the above director's general meeting of shareholders, which is the non-indicted 2, who is the representative director at the above time of expiration of the term of office. According to the court below's decision on June 12, 191, the court below found the above facts to be excluded by the expiration date of the term.

There is no reason to discuss this issue.

Therefore, the prosecutor's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)