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(영문) 대전지방법원 2014.09.25 2014고정942
상법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C is an operator of D Co., Ltd. established for the purpose of manufacturing and selling solar power charging machines, and the defendant is a person working as a technical director of the same company.

C and the Defendant, with the Defendant as promoters, establish and operate a separate company E for the purpose of manufacturing optical machinery, etc., and the Defendant intended to operate the business along with the technical parts related to circuit development, etc., but there was no money to be paid as stock price, and there was an invitation to make the best payment for the capital of the corporation.

1. On January 10, 2013, the Defendant in violation of the Commercial Act deposited KRW 50,000,000,000,000, which was transferred from C to the funds for the payment of the stock price at the location of the Daejeon-gu Daejeon-dong Special Zone for the Dokdong, Daejeon National Bank, as the payment for the stock price to E, and received a certificate of deposit balance from the said bank.

C and the Defendant received the above certificate of deposit balance, and around January 11, 2013, withdrawn the total amount of KRW 50 million for the share capital, and used it as the operating fund of Co., Ltd. D.

As a result, the Defendants conspired to make the payment of E capital in collusion.

2. On January 22, 2013, in collusion with the foregoing paragraph (1), C and the Defendant made a false entry into the public electronic records, and made a false entry into the public electronic records, such as a deposit balance certificate, to the effect that 10,000 won per share of 5,00 common shares of 10,000 won per share of 10,000 shares are deposited as total shares of 10,000 shares, and that the above registered public official made a false entry into the public electronic records identical to the commercial register, which is the original copy of the notarial deed, and kept the above public electronic records.

Accordingly, C and the Defendant conspired to make a public electronic record.

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