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(영문) 의정부지방법원 2019.08.22 2019고단1580
공정증서원본불실기재등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The clan B (hereinafter referred to as the "Class B") is a clan consisting of descendants of C, and the defendant was a vice-chairperson from the ordinary general meeting held on April 12, 2014, and D was elected as the chairperson from the above general meeting of shareholders.

When there is a conflict between D and D due to the difference of opinion, the defendant convened a board of directors on October 5, 2014 and passed a resolution of non-Confidence dismissal for D with the above board of directors, despite that the defendant, a vice-chairperson, was not authorized to convene a board of directors at the request of the chairperson or at least 1/3 of the registered directors, and the defendant, a vice-chairperson, was not authorized to convene a board of directors, and matters concerning the appointment of executive officers, such as dismissal of the chairperson, were not matters subject to resolution of the board of directors, but matters

In addition, the defendant, who is the vice-chairperson, was not authorized to convene an extraordinary general meeting because the chairperson prescribed the rules of the clan to convene an extraordinary general meeting, was elected as the chairperson at the above extraordinary general meeting on October 19, 2014.

D and around August 28, 2015, 13 representatives of clans, including D, requested the defendant to convene an extraordinary general meeting with the chairperson as a non-Confidence agenda, but the defendant did not comply with this, held an extraordinary general meeting on October 6, 2015. At the above extraordinary general meeting, the defendant, who is the chairperson, was non-Confidence and constituted an extraordinary countermeasure committee, and the resolution was passed to select E as the chairperson of the emergency countermeasure committee.

After that, while F was elected as the Chairperson on November 26, 2015 through the extraordinary general meeting, the legitimacy of the election has continued to be at issue, E, the Chairperson of the Emergency Countermeasures, held the extraordinary general meeting on February 16, 2017, and ratified the resolution of the extraordinary general meeting on October 6, 2015 and the extraordinary general meeting on November 26, 2015 at the said extraordinary general meeting.

Nevertheless, the legitimacy of holding a general meeting has continued, and the representative G.

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