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(영문) 수원지방법원 안산지원 2014.05.28 2014고정707

상법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On October 27, 2009, the Defendant, in collusion with B and bond company D, borrowed KRW 300 million from D to the account under the name of representative director for two days and received a balance certificate necessary for the registration of establishment, and then, issued a certificate necessary for the registration of establishment, in collusion with B and bond company Eul whose representative director is its wife B, and in collusion with D, received KRW 300 million from D to the account in the name of representative director. As above, the Defendant submitted an application for the registration of establishment attached to the above balance certificate to the public official in charge who is aware of the circumstance that the payment was most likely, and had the public official enter the said company’s total amount of capital in the above company’s commercial register, which is a public electronic record, into KRW 300,000,000, and had the said commercial register kept at that time.

Accordingly, in collusion with B and D, the defendant pretended to make payment, and made a false report to the public official to enter false facts in the commercial register, which is a public electronic record, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of interrogation of the E, D, and the accused (including F statement parts, accompanying documents);

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Relevant Article of the Criminal Act, Articles 628(1) and 622(1) of the Commercial Act, Article 30 of the Criminal Act, Article 228(1) of the Criminal Act, Article 30 of the Criminal Act, Articles 229 and 228(1) of the Criminal Act, Article 30 of the Criminal Act, Article 229 of the Criminal Act, Article 30 of the Criminal Act, the choice of fines

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.