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(영문) 의정부지방법원 2018.09.05 2018고단1613

상법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In addition to the defendant, the non-titled person is accompanying the defendant to the court registry office and the tax office to instruct the defendant to apply for the establishment of the corporation and to register the business. The defendant issued a certified copy of the corporate registry and the business registration certificate in accordance with the above order of the non-named person, and conspired to establish the so-called "Yol corporation" which represents the name of the defendant as the representative of the corporation.

1. On June 13, 2017, the Defendant violated the Commercial Act: (a) deposited 15 million won in the national bank account (Account Number: C) in the name of the Defendant’s name; and (b) deposited 15 million won in full on June 14, 2017 after the issuance of a certificate of balance; and (c) paid 15 million won in full; (b) however, on June 13, 2017, the Defendant pretended payment of the said company’s capital by means of completing the registration of incorporation with the certificate of remaining balance in the Incheon District Court’s registration state around June 13, 2017, using the certificate of remaining balance, as well as in the same method as written in the attached list of crimes.

2. As indicated in paragraph 1, the Defendant: (a) around June 13, 2017, the fact in the country of registration of the Incheon District Court was the best payment of KRW 15 million to Co., Ltd.; and (b) there was no real entity since it was not a corporation for the actual business; (c) however, the Defendant submitted relevant documents necessary for the registration of the incorporation of the company, such as a balance certificate, to a registered public official who is not aware of his/her name, and submitted the electronic records, such as the register of the corporation, the original copy of the certificate as of the same day, to enter false facts as to the total number of outstanding shares and the total amount of capital of the above company, into the electronic records, such as the register of the corporation as the original copy of the certificate; and (d) made the above registry preserve the electronic records.

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