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(영문) 서울서부지방법원 2017.08.11 2015고정1784
공전자기록등불실기재등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 9, 2009, the Defendant was sentenced to a suspended sentence of three years in one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on December 9, 2009 and the judgment became final and conclusive on February 25, 2010, and the Defendant was appointed as a director of C Co., Ltd (hereinafter “C”) on June 5, 2008.

1. Non-public records, such as electronic records, have not been notified by the Defendant to hold a board of directors at C’s meeting room on October 6, 2008, by directors G (the Defendant’s son), directors H merely expressed the intention to delegate the authority to the Defendant and joint representative director I by telephone, and directors D and E failed to attend the meeting at the meeting of the board of directors on October 6, 2008, due to their failure to attend the meeting at the meeting of the above board of directors on October 6, 2008, due to their failure to receive notice of convocation, and thus, they failed to meet the requirements for the opening of the board of directors.

In addition, on October 6, 2008, the defendant directed J et al. that "A was elected as a joint representative due to the expiration of the term of office of K's director and joint representative director," and prepared a copy of the board of directors in a manner that the defendant affixes seals or seals on behalf of some directors on the minutes without holding the actual board of directors.

As above, the Defendant did not have the validity of the resolution of the board of directors made by C on October 6, 2008 due to the above defects, and thus, the Defendant did not have the qualification of representative director C. In the Certified Judicial Scriveners M office located in Jung-gu Seoul Metropolitan Government, around October 7, 2008, the Defendant issued a copy of the board of directors prepared in falsity to a certified judicial scrivener M who did not know such circumstances, and delegated registration of change of the officers of the said corporation, thereby allowing M to apply for registration of the appointment of a joint representative director A by submitting it to the registration division of the Government District Court on the same day

Accordingly, it.

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