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(영문) 인천지방법원 부천지원 2013.06.27 2013고정951
공정증서원본불실기재등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around March 10, 2010, the Defendant is a representative director of B Co., Ltd. (hereinafter “instant company”) established for the purpose of the geothermal pumps sales business and is a shareholder holding 50% of the shares. As the Defendant’s wife holding the remaining 50% shares of the instant company becomes worse, the Defendant made documents as if C transferred all of the shares of the instant company held by C without C’s permission to her son and her father, and then, even though the temporary general shareholders’ meeting was not held on October 10, 2012, the Defendant did not appear at the head office of the instant company on the 3rd-si, Busan Special Metropolitan City, the Defendant attended as a shareholder, removed the Defendant from office as the principal director, and made a resolution of temporary shareholders’ meeting to dismiss the Defendant as the principal director of the instant company’s corporate register, as if he had a public official who was appointed as an internal director, who did not know of the fact that the Defendant was appointed as the representative director of the instant company’s corporate register, and made the above resolution to dismiss the Defendant from the Incheon District.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to file a complaint, copy of application for change of company, copy of minutes of a special general meeting of shareholders, full certificate of registered matters, and investigative reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 228 (1) of the Criminal Act ( point of false entry of the original notarial deed), Articles 229 and 228 (1) of the Criminal Act ( point of exercise of the original notarial deed), and each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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