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(영문) 서울북부지방법원 2015.02.17 2015고정118
상법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. When the Defendant in violation of the Commercial Act establishes a stock company B for the purpose of wholesale and retail business of medicine, he was willing to borrow funds from bond holders to make the best payment for the share capital.

On May 11, 2010, at the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu Branch of the National Bank, the Defendant borrowed KRW 425 million, out of KRW 510 million capital from the bondholder C, and stored and deposited in the above bank as shares payment in B, and received a certificate of deposit of shares payment on the same day, and then withdrawn KRW 425 million from May 12, 2010, and returned to the said C.

Accordingly, the defendant pretended to pay the share price to establish the above corporation B.

2. On May 12, 2010, the Defendant entered the false entry into the public electronic records, etc., and the false entry into the public electronic records, etc., into the registry of the Seoul Central District Court in Seocho-gu, Seoul, Seocho-gu, Seoul, and the fact that the payment of shares to Co., Ltd. was fictitiously paid as above, a certified judicial scrivener D, who was unaware of such fact, submitted an application document for registration of incorporation of the said company, such as a certificate of deposit of shares issued as above, and entered the total number, type, and number of shares issued, into the same public electronic records as the commercial register, “10,000 common shares,” and “total amount of capital” into “5,00,000 won,” and stored it in the same way.

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made to E by the police officer;

1. A copy of the B copy of the register;

1. Minutes of general meetings of promoters;

1. Application of Acts and subordinate statutes concerning details of transactions of national banks;

1. Relevant Article 628(1) of the Commercial Act, Articles 622(1) and 622(1) of the Commercial Act (the point of maximum payment) for criminal facts, and Article 228(1) of the Criminal Act shall be recorded in the public electronic record;

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