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(영문) 서울중앙지방법원 2015.01.22 2014고정5498

상법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around December 1, 2010, the Defendant, as the representative director of the Company B, requested D to lend KRW 300 million as a establishment fund in the office located in the Chungcheongnam-gun Office located in Chungcheongnam-gun Office, and D, accordingly, transferred KRW 300,000 to the national bank account (E) in the name of the Defendant on the same day.

Accordingly, the defendant is issued a balance certificate as of the above date, and the following month

2. A public official in charge of the registry office located in the budget Eup in the Chungcheongnam-gun budget-based budget-based budget-based budget-based, submitted an application for the registration of incorporation of a stock company accompanied by the above balance certificate to the public official, and made the public official enter the false facts as KRW 300 million in the "total amount of capital" column of the above company's commercial register, which is a public electronic record, and around that time, kept the above commercial register.

Accordingly, in collusion with D, the defendant would make payments for shares, and made a false report to the public official to enter false facts in the commercial register, which is a public electronic record, and exercised this.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of application for registration of incorporation;

1. A copy of a certificate of acceptance of stocks, and a certificate of deposit trust balance;

1. Application of statutes governing certified transcript of corporate register;

1. Relevant provisions of the Commercial Act concerning facts constituting an offense, Articles 628 (1), 622 (1), 622 (1) of the Commercial Act (the point of a main payment), Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;