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(영문) 수원지방법원 2021.01.21 2020노1919
공전자기록등불실기재등
Text

The judgment below

All convictions (including acquittals) shall be reversed.

Defendant

A Imprisonment for four months, Defendant B, and .

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The Defendants, who are officers of a clan, are entitled to make preparation of the minutes of the general meeting of the clan, and the names of the members of the clan, are merely a part of the total minutes attached to the back of the above minutes, and cannot be viewed as a separate document. The Defendants, who are officers of the clan, are entitled to make preparation of the minutes of the general meeting of the clan. The “list of the members attending the general meeting”, stating the names of the members of the clan, constitutes a part of the total minutes.

Since the Defendants submitted the minutes of the minutes of the extraordinary general meeting in 2012 to a registry after only the date of the minutes of the said meeting (2015 minutes of the extraordinary general meeting), this is de facto the same document as those of the minutes of the said extraordinary general meeting in 2012. The list of the participants of the said extraordinary general meeting was already attached to the minutes of the said general meeting in 2012, and thus the Defendants were included in the process of changing the date of the existing minutes. Therefore, only the list of the participants of the extraordinary general meeting attached to the minutes of the year 2012 is removed, and the Defendants were removed separately from the list of the participants of the said extraordinary general meeting and exercised their unlawful

Now, the Defendants did not have any such intention.

B) Since there was a resolution of ratification to approve the sale of Pyeongtaek-si E land (hereinafter “ Pyeongtaek-si”) and F land after the instant case, there is no possibility of criticism against the Defendants on the part of the Defendants since there was a resolution of ratification to approve the sale of such land for convenience.

C) In this part of the facts charged, a considerable number of the members of the clans indicated as their names were used or exercised illegally, who agreed to use their signature contained in the above list of the participants of the extraordinary general meeting if the Defendants were necessary in the process of selling the clans land at the time of the extraordinary general meeting in 2012, and thus, the Defendants used their signature unlawfully.

This part of the appeal can not be asserted after the expiration of the period for submission of the reasons for appeal.

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