주식회사의외부감사에관한법률위반등
A defendant shall be punished by imprisonment for one year.
Of the facts charged in this case, the Act on External Audit of Stock Companies.
Punishment of the crime
The Defendant served as the representative director of G Co., Ltd. (hereinafter referred to as “H Co., Ltd.”) located in 810 in Seongbuk-gu Seoul Special Metropolitan City from Jun. 10, 2009 to Oct. 25, 201 (hereinafter referred to as “G”); from Oct. 22, 2010 to Jul. 1, 2011, the Defendant served as the representative director of J Co., Ltd (hereinafter referred to as “J”) located in Busan Special Metropolitan City Shipping-gu International Building No. 2407-1 (hereinafter referred to as “J”); from Jul. 15, 2009 to Feb. 7, 2010, the Defendant changed from his/her own director to his/her own director “K Co., Ltd.” (hereinafter referred to as “H Co., Ltd.”). < Amended by Act No. 10337, Feb. 8, 2010; Act No. 10224, Jan. 14, 2011>
1. On July 15, 2009, the Defendant in violation of the Commercial Act established K as capital of KRW 10 million at the 4.51 Sungwon District Court's Sung-nam Branch's Branch's registration office in Sung-nam Branch's Sung-si, Sung-si, Seoul, and completed a registration of incorporation in lieu of proving the balance of the account (Account Number N) in the name of the Defendant.
Therefore, even though the defendant should deposit the above capital of KRW 10 million in the K account after incorporation and use it for the corporation such as the company operation fund, the above defendant did not deposit the above capital of KRW 10 million in the corporate account, and he transferred it to the national bank account under the suspect's name on July 28, 2009, and then used it for the personal purpose.
2. On July 15, 2009, the Defendant submitted to the public official in charge of registration, along with documents necessary for balance and establishment of the account through a certified judicial scrivener at the Suwon District Court, Sung-nam Branch Branch Office, located at No. 451, according to the sannam-si, Seongbuk-si, Sungnam-si, and had the public official in charge of registration enter the balance and establishment of the account into the commercial register system, which is the original copy of the notarial deed, and around that time, keep the same at the same time.
Accordingly, the defendant makes a false report to the public official and makes a false report to the commercial register system.