상법위반등
[Defendant A] The defendant shall be punished by imprisonment for four years.
[Defendant B] The defendant shall be punished by imprisonment for one year.
except that this judgment.
Criminal facts
【2012 Highest 8620 [Defendant A] as promoters of E Co., Ltd. - Defendant A conspired to establish the said stock company by pretending the payment of F and share capital.
On April 16, 2012, the Defendant and F in violation of the Commercial Act: (a) at the Seongbuk-gu Office of the Daegu Bank located in Suwon-gu, Daegu; (b) at the Defendant’s account, the F deposited KRW 200 million borrowed from the branch in the Defendant’s account; and (c) received a certificate of stock payment custody from the said bank; (b) withdraw KRW 200 million on the following day; and (c) the Defendant completed the registration of incorporation of the said corporation by obtaining a certificate of stock payment custody from F.
As a result, the defendant and F acted in collusion to pretend the capital payment of the above company.
B. On April 25, 2012, the Defendant and F, in public electronic records, etc., submitted an application for registration of incorporation of a stock company accompanied by the said share payment certificate to a registered judicial scrivener who is unaware of such fact even though he/she has pretended to pay the capital.
Accordingly, the above registrar who is aware of the fact was inputd in the total number column of the issued shares in the stock company register of the above company so that “20,000 shares” and “20,000,000 won” are stated in the total amount column of the capital.
As a result, the defendant and F conspired to make a false report to a public official, and make it recorded false facts in the electronic records of the same electronic records as the original copy of the notarial deed.
C. In collusion with the Defendant and F, the Defendant and F had the above Daegu District Court keep and exercise the above register of the stock company, which recorded the above false facts in the registration of the said Daegu District Court.
【2012 Highest 8776 【Defendant A’s Defendant A operated by the Victim H in Daegu Suwon-gu G around March 2012 (State).