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(영문) 대전지방법원 천안지원 2020.01.15 2019고정646

상법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 3, 2017, the defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daejeon High Court on November 3, 2017, and the above judgment was finally decided on February 13,

The Defendant, from April 2, 2012 to December 22, 2016, was the representative director of the New and Renewable Energy Business Co., Ltd. established for the purpose of new and renewable energy business, etc., and, on September 14, 2012, deposited KRW 500 million borrowed from a person who was unaware of his/her name in a non-name-based place on September 14, 2012 as the stock payment wage of the said C Bank, and withdrawn KRW 500 million from the date of issuance of the stock payment

Accordingly, the defendant would make up for the payment of the stock price of the KAB.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (a deposit transaction statement, suspect interrogation protocol, application for credit approval, and E statement);

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Articles 628 (1) and 622 (1) of the Commercial Act of the relevant Act concerning facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the punishment shall be exempted in consideration of equity in cases where a judgment has been rendered simultaneously with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific