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(영문) 전주지방법원 군산지원 2016.09.09 2016고정294

상법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant established a limited company B on November 13, 2008 and served as the managing member until August 12, 2009, from August 13, 2009 to November 13, 201, and from January 17, 2012 to January 17, 201.

1. No one, such as promoters, managing partners, directors, executive officers, audit committee members, auditors, etc. of a company violating the Commercial Act, shall disguise the performance of investments in kind or in kind;

Nevertheless, the Defendant:

A. Upon filing an application for registration of change with respect to the above limited liability company B at the Donsan District Court of Seoul Special Metropolitan City of 39, Jun. 22, 2009, the defendant, who is an employee of the above limited liability company, made an investment of 32,00 shares (160,000,000), 24,00 shares (120,000 Won), 24,000 shares (120,000 Won) and 24,00 shares (120,000,000 won) and paid money in the corresponding amount; and

B. On October 30, 2012, the same registry office submitted a certificate of investment payment to the effect that the Defendant, an employee of the said limited company, invested 25,900 note (129,500,000 Won) and paid 54,100 note (270,50,000 Won) in the said amount.

However, the above members did not actually pay the above contribution.

Accordingly, the defendant, in applying for registration of change of limited company, proposed the execution of payment.

2. The Defendant, such as the date, time, place, and fact in the event, such as a false entry of a public electronic record, and a false entry electronic record, had a public official in charge of registration office of the Jeonju District Court enter false facts in the same electronic computer system as the original copy of a fair deed, and exercised it around that time by having the public official in charge of registration office of the Jeonju District Court enter false facts in the same electronic computer system as the original copy of a fair deed, although the members of the said limited company B paid the capital according to the number of shares invested.

Summary of Evidence

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