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(영문) 대전지방법원 2018.06.08 2017고정72
상법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 8, 2012, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Daejeon District Court on December 27, 2012, and the judgment became final and conclusive on December 27, 2012. On June 3, 2015, the Defendant was sentenced to a suspended sentence of 8 months for embezzlement, etc. at the same court on June 3, 2015, and the said judgment became final and conclusive on March 10, 2016.

The defendant is a person who was the representative director B.

1. On January 24, 201, the Defendant deposited KRW 50 million borrowed from D, which is located in Daejeon Seo-gu, Daejeon, Daejeon, with the payment of shares of the said company, and deposited KRW 50 million from the said bank after receiving the payment certificate of shares from the said bank, and repaid the said E, and at the registry office of the Daejeon District Court located in Daejeon, Daejeon, Seo-gu, Daejeon, Daejeon, about 78, U.S., 45, U.S., the said registry office, submitted relevant documents necessary for the registration of the establishment of the corporation, such as the payment certificate of shares issued, to a public official who is aware of such facts, and made the said public official enter false facts in the electronic records media identical to the original copy of the fair deed, and recorded false facts in the fact.

As a result, the defendant pretended the payment of the stock price of B corporation, and made it enter false facts in the electronic records media same as the original copy of the process deed.

2. On January 28, 201, when the Defendant came to know that the capital should be at least 300 million won in order to obtain a housing construction license even if he/she had registered the incorporation of a corporation, he/she deposited KRW 250 million in the said bank as the paid-in capital for the capital increase of the said Company B and issued a certificate of payment of the stock. On January 31, 201, the Defendant repaid the borrowed money by transferring the KRW 250 million to the account in the name of the said Company I operated by the said Party, and on the same day, he/she pretends the payment to the registered public official who is not aware of the fact at the registry office of the Daejeon District Court.

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