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(영문) 서울북부지방법원 2013.07.11 2012고정3441

상법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative director who establishes and operates a corporation B.

1. On August 3, 2011, the Defendant violated the Commercial Act: (a) borrowed KRW 100 million from a temporary loan to establish a company; (b) requested a bond broker whose name is unknown to open a passbook under the name of the Defendant; and (c) deposited KRW 100 million from the bond broker on August 2, 2011; and (d) deposited KRW 100 million on August 3, 201 of the following day; (b) opened a passbook under the name of the Defendant bank in the form of the withdrawal of KRW 100 million at the name of the foreign exchange bank; and (c) pretended payment of the said company’s capital by means of completing the registration of incorporation of B after the Defendant was issued a certificate of deposit balance at the name of

2. On August 3, 2011, the Defendant filed a false report with the Seoul Central District Court (hereinafter “Seoul Central District Court”), as described in paragraph (1), to a public official under the name-free judicial scrivener with the above certificate of deposit balance, to submit an application for registration of incorporation of a stock company B, which is a public electronic record managed by the computer network of the registry office, and to a public official with the above public official in the name-free judicial scrivener with the above certificate of deposit balance, and to exercise the same by making the above public official enter “20,000 shares of ordinary shares” and “total amount of capital” into “1,00,000 won” in the column of the commercial register, which is a public electronic record managed by the computer network of the registry office, and thereby making a false report to the public official to enter false facts in the public electronic record, and immediately keep it in the said registry.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each prosecutor's statement concerning C and D;

1. Application of the Acts and subordinate statutes concerning a copy of a passbook, certified transcript of corporate register, and the inquiry table requesting any unwritten statement of transactions;

1. Article 628(1) of the Commercial Act, Articles 622(1) and 622(1) of the Commercial Act, and Article 228 of the Criminal Act, which provides for the applicable law to facts constituting an offense.