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(영문) 수원지방법원 안산지원 2013.05.30 2012고정971
자격모용사문서작성등
Text

The defendant shall be innocent.

Reasons

Summary of Facts charged

1. The defendant who has taken office on January 18, 201 as the representative director of the company of Ansan-gu, Ansan-si, Gyeonggi-do on January 18, 201, but has taken office for the same year;

3. 22. Removal from office as a director at the general meeting of stockholders or the board of directors, and there was no authority to prepare documents on rights and duties as a representative of C Stock Company

On April 8, 2011, the defendant stated "C representative director A" in the column of waiver of the declaration of lien in the above court without authority for the purpose of submitting it to the Ulsan District Court on April 8, 2011, and marks C corporation also on the name side.

Defendant for the same year

4. 11. Ulsan District Court: (a) written the “Representative A” in the “Written Withdrawal of Report on Right of Retention” column for creditors C Co., Ltd.; and (b) marked C Co., Ltd.’s corporate design next to its name.

Defendant for the same year

4.12.For the purpose of submitting it to the Gwangju District Court, the foregoing court without authority, without knowledge of its nature, prepared “Representative A” in the creditors C Co., Ltd. in the “application for Provisional Disposition Cancellation and Withdrawal” and affixed C Co., Ltd. on its name.

Accordingly, for the purpose of exercising, the defendant prepared a letter of waiver of right of retention, a letter of withdrawal of right of retention report, cancellation of provisional disposition execution and withdrawal, etc., which are private documents concerning rights and duties by gathering qualification as representative director of the above C Co.

2. As such, the Defendant submitted to the Ulsan District Court and the Gwangju District Court an application for the waiver of the right of retention, the withdrawal of the report on the right of retention, the cancellation and withdrawal of provisional disposition, and the withdrawal of the application, which was prepared by the Defendant, as seen above, was actually constituted.

Judgment

1. Evidence that criminal facts exist in criminal proceedings shall be presented by the prosecutor, and even if the prosecution of the defendant is unreasonable and false, it shall not be disadvantageous to the defendant for that reason, and the proof of criminal facts shall be made by the judge.

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