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(영문) 서울서부지방법원 2015.01.14 2014고단2110
상법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of the corporation E who has established the purpose of export and import business and the agency business of the Mapo-gu Seoul Metropolitan Government D building 1412.

Although the Defendant decided to raise the size of the company to receive investments from investors and to offer new shares with capital increase, the Defendant did not have any funds necessary for issuing new shares, and did not borrow money from the bond company company as a fund necessary for issuing new shares, etc. for the purpose of collecting and repaying the money immediately.

1. Registration of changes on August 1, 201;

A. A. Around July 29, 2011, the Defendant violated the Commercial Act temporarily lent KRW 200 million to the bank account (F) under the name-free company’s name with funds necessary for capital increase with capital increase, and deposited the said money as a stock payment on the same day. Around August 1, 201, the Defendant issued a deposit balance certificate from the same bank, and filed an application for registration of change of E Company with the Seoul Central District Court registry office located in Seocho-gu Seoul, Seocho-gu, Seoul, filed an application for registration of change of the stock company with the Seoul Central District Court’s Commercial District Court. On the same day, once the bank withdraws KRW 200 million

B. Around August 1, 201, the Defendant filed an application for registration of the change with a registry official who is unaware of the circumstances at the commercial registry office of the Seoul Central District Court, along with a certificate of deposit balance issued by pretending payment of share capital, and made the public electronic records enter false facts in the commercial registration system. Around that time, the Defendant had the public official in charge store and operate the commercial registration information system, which is the public electronic records, containing false facts.

Accordingly, the defendant entered false facts in public electronic records, and exercised the above public electronic records stating false facts.

2. The registration of alteration is related to registration around May 14, 2012.

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