특정경제범죄가중처벌등에관한법률위반(횡령) 등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.
Punishment of the crime
Since the Defendant started to serve as a full-time lecturer at a college of M&A around February 1998, the Defendant is currently working as a professor at the above medical college. Around July 1, 200, the Defendant established a State N on July 1, 200, and established a State N on April 26, 2006, and has overall control over the said company’s operations and fund management.
1. Violation of the Commercial Act, false entry into public electronic records, and public or private electromagnetic records;
A. A. A. On April 20, 2006, the Defendant violated the Commercial Act (1) capital increase (1) around April 19, 2006, the Defendant paid KRW 100 million borrowed from P, and KRW 150,000,000 of the loan of N Corporation around April 19, 2006 to the blackdong Branch of the Korean Bank in Dongjak-gu Seoul, Seoul, and issued a certificate of deposit of the shares payment amounting to KRW 250,000,000 as if the completion was normally paid.
On April 20, 2006, the Defendant: (a) completed the registration of capital increase by using a certificate of custody of shares payment issued falsely by the commercial registry office of the Seoul Central District Court located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) completed the registration of capital increase by paying KRW 100 million on April 21, 2006.
Accordingly, the Defendant pretended to pay the capital of KRW 250,000,000, which is the capital of KRW 250,000.
(2) On April 20, 2006, the Defendant, at the commercial registry office of the Seoul Central Court located in Seocho-gu Seoul, Seocho-gu, Seoul. However, the Defendant submitted documents necessary for the registration of capital increase, such as a false stock payment certificate, and made a public official in charge of the above registry enter the fact of false capital increase in the commercial registry, which is a public electronic record on the same day, into the commercial registry, which is a public electronic record.
Accordingly, the Defendant entered false facts in relation to the registration of capital increase of N, and around that time exercised by having the above registry office keep it.
(b)with respect to the establishment of the (State) 26 April 2006.