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(영문) 서울중앙지방법원 2015.11.26 2015고단4429

상법위반

Text

Defendant

A Imprisonment for six months, Defendant C is punished by a fine of seven million won, Defendant D is punished by imprisonment for six months, and Defendant E.

Reasons

Punishment of the crime

1. Defendant A, a corporate bond company located in Jung-gu Seoul Metropolitan Government M from around 2000 to around 2013, was a person who worked as a vice head from N, a corporate bond company located in Jung-gu Seoul Metropolitan Government M, and borrowed money for registration of capital increase at the request of those who want to increase the company’s capital.

In an immediate manner, I tried to assist in the act of pretending the payment of the capital.

On July 201, the Defendant requested the issuance of a certificate of deposit balance necessary to increase the amount of KRW 400 million and deposited KRW 400 million in order to acquire a comprehensive construction business license from the representative director D Co., Ltd., which operated a construction business, around July 201.

At around 11:00 on July 14, 201, the Defendant deposited KRW 400 million in the name of Korea bank (P: P) in the name of an O company in Jung-gu Seoul, Jung-gu, Seoul, and caused D to obtain a certificate of deposit balance equivalent to KRW 500 million in the name of the O company. On July 15, 2011, D continuously submitted the certificate of deposit balance and the documents related to the application for registration of capital increase to the Commercial Registry of the Jeju District Court to submit the certificate of deposit balance and the documents related to the application for registration of capital increase issued in the name of the O company to the Commercial Registry of the Jeju District Court, which is a public electronic record, to “50,000 shares” and “total amount of capital amount” as “50,000,000 won” and returned the above certificate money to the Defendant.

Accordingly, the defendant assisted the representative director D to pretend the payment of shares of the O company.

B. On July 201, the Defendant: (a) requested the representative director C of Q Co., Ltd, who operated a construction machinery type business, to issue a certificate of deposit balance necessary for the capital increase from KRW 400 million to KRW 900 million; and (b) prepared a certificate of deposit balance to be used for the fictitious payment; and (c) 80,000 in return.