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(영문) 서울중앙지방법원 2015.04.14 2014고단7184

상법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[2014 Highest 7184] The Defendant was a person who operated a lending company with the trade name “G” in F 202 of Seoul Jung-gu, Seoul, with a high-amount interest received from a large number of loan applicants who need to make a false payment at the time of capital increase or registration of incorporation, and accordingly, had the loan applicants obtain a balance certificate and let them file a false registration.

On December 24, 2009, the Defendant: (a) at the above lending business office, at the request of the representative director I for a lump sum loan of KRW 130,00,000,000 from H, the Defendant remitted KRW 130,000 under the name of the National Bank (J) under the name of H; (b) and (c) as of December 24, 2009, the Defendant received a balance certificate as of December 24, 2009; (c) around December 29, the Defendant submitted to the public official in charge of the registration of the shares payment at the Seoul Central District Court located in Seocho-gu, Seocho-gu, Seoul, Seocho-gu, 1707-4, who is aware of the largest situation in the payment of the shares, submitted an application for the registration of the change of the stock company accompanied by the above balance certificate to the public official in charge of the total amount of capital in the above commercial register, which is a public electronic record, and had the public official keep the said amount of KRW 170,000,0000.

As a result, the Defendant, in collusion with I, pretended payment of the share capital, made a false report to the public official, made a false statement on the commercial register which is a public electronic record, and exercised it from that time to April 26, 2013, in collusion with each loan applicant, including the use of it, up to 35 times in total, such as the statement in the list of crimes (1).

[2015 Highest 411] The Defendant is a person who operated a lending company under the trade name of “G” from 202, Jung-gu, Seoul.