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(영문) 서울중앙지방법원 2013.07.26 2013노1751
공전자기록등불실기재등
Text

The judgment of the first instance shall be reversed.

Defendant

Imprisonment with prison labor for A shall be determined as one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A: In the statement of grounds for appeal (which did not act in collusion with Defendant B, but did not act in collusion with Defendant B for the registration of this case) Defendant A asserted that there was a mistake of facts in the first instance court because the cause was not caused by a corporate entrepreneur acquisition agreement, but by other juristic acts. The above assertion of mistake of facts does not affect the establishment of a crime. The above argument of mistake of facts does not affect the establishment of a crime, and the above statement of grounds for appeal also states that the above mistake of facts did not have an undue influence on the sentencing, and the defense counsel of Defendant A did not claim a mistake of facts on the date of the first instance trial. Thus, this part is not a separate argument of mistake of facts.

B. Unfair sentencing

Defendant

B: Error of mistake and misunderstanding of legal principles [Defendant shall be the E Co., Ltd. (hereinafter referred to as “E”) by the Defendant for convenience

2) The judgment of the court on February 1, 200, on the following grounds: (a) without knowing the fact that his shares were transferred to G, the provisional shareholders meeting of this case would be held and dismissed under the conviction that he is 84% shareholder; (b) the complainant’s right was infringed even if he is not the shareholder; and (c) the defendant did not have any false entry, such as public electronic records, and any criminal intent to exercise such rights; and (d) the decision of the court on February 2

A. (1) As to the assertion of mistake of facts against Defendant A, the Defendants recognized that the Defendants dismissed G from the position of representative director by combining them with each other. At the time, Defendant A was aware of the change of shareholder as a party to the contract, and Defendant A knew of the change of shareholder.

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