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(영문) 수원지방법원 2018.10.19 2018노3606
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. In full view of the summary of the grounds for appeal (misunderstanding of facts) and the evidence submitted by the prosecutor, the court below found the defendant not guilty of each of the crimes of this case without C's consent, but erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a director of the Company B, and the Defendant holds 22,400 shares equivalent to 56% of the shares 40,000 shares of the said Company on the shareholder list, and C was holding 17,600 shares equivalent to 44% of the shares of the said Company, and there was no resolution to increase capital for consideration by making a general meeting of shareholders on August 25, 2016, as well as for the same year.

8. Policemen.

9. As to the Defendant’s demand for the increase of capital at firstman, C had no money, later opposed to the increase of capital at the time of the Disposition that it would be better to either increase the capital at a cost or increase the capital free of charge.

1) Around September 2, 2016, the Defendant forged a private document and the instant investigation document: (a) on the part of the foregoing company, H made an offer to a certified judicial scrivener D for new shares with the value of KRW 5,000,000 at a cost; (b) the Defendant and C, a shareholder, have given up participating in the capital increase for a cost; (c) at the time C renounced the participation in the capital increase for a cost; and (d) on September 1, 2016, C entrusted the registration of the capital increase for a cost, each of which would be KRW 54,00,000, among new shares to be issued on September 1, 2016, E, 21,000, E, 21,000, F, 1,500, 1,500, and C consented to the reduction of the maximum period necessary for the capital increase, and agreed to the procedure for the capital increase.

On August 25, 2016, the Defendant without any objection to the fact that there was no general meeting of shareholders on August 25, 2016, that C opposed to the increase of capital for consideration, and that C did not consent to the reduction of the maximum period of the increase of capital, and that C would not consent to the reduction of the capital by using a computer.

2016.

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