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(영문) 부산지방법원 동부지원 2013.05.15 2012고단4487
공정증서원본불실기재등
Text

1. The defendant;

(a) The defendant shall be punished by imprisonment with prison labor for ten months;

(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

Directors of a stock company shall be appointed at a general meeting of shareholders, and appointed directors shall be dismissed by a resolution of the general meeting of shareholders, and the representative director shall be

In addition, if the board of directors decides whether to convene a general meeting of shareholders or not, and if the board of directors does not follow the convocation procedure despite the request of a shareholder who holds shares equivalent to not less than 10/3 of the total number of issued and outstanding shares, the claimed shareholder may convene a general meeting with the permission of the court, and exceptionally, if the total amount of capital is less than one billion won,

Defendant

A is a shareholder of F in the shareholder registry of E Co., Ltd. 4,500 shares (15%) and G is a shareholder of F in the shareholder registry of E Co., Ltd., and is a shareholder of F in the shareholder registry of 12,000 shares (40%). Defendant B is a resident of “H building” constructed by E Co., Ltd., and Defendant C is a creditor of joint representative director of E Co., Ltd.

Defendant

A and G requested J around November 201 to the representative director of E Co., Ltd. to convene a general meeting of shareholders, but rejected the request. At that time, on January 6, 201, the above court dismissed the application on the ground that it is difficult to recognize Defendant A and G as a real shareholder entitled to exercise shareholder rights in relation to E Co., Ltd. on the grounds that it is difficult for the above court to recognize that Defendant A and G were a real shareholder entitled to exercise shareholder rights in relation to E Co., Ltd., the representative director of E Co., Ltd. was dismissed and conspired to remove E Co.

1. Defendants and G conspired on February 29, 2012, the notary public of the first floor of 105 of the K Building in Busan-gu, Busan-gu, at the law firm LA, and the fact is not a fact that the existing directors and auditors have been dismissed due to the legitimate holding of a provisional shareholders’ meeting and that there was no new director or auditor appointed. The EA representative director J, in-house M, N, and auditor.

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