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집행유예
(영문) 서울남부지방법원 2013.5.1.선고 2013고단587 판결
상법위반·공전자기록등불실기재·불실기재공전자기록등행사
Cases

Ga. Violation of the Commercial Act

(b) False entry into public electronic records;

(c) Events such as false statements and electromagnetic records;

Defendant

1. A set of 00 (60 - 1), project

Residential ancient cities

Busan District Court

2. Transfer0 (70 - 2) , free of office.

Seoul Residence

Reference domicile Kim

3. Article 00 (70 - 2), non-permanent,

Seoul Residence

Seoul basic domicile

Prosecutor

Domination (prosecutions) and creation leap (Trial)

Defense Counsel

1. Law firm nature (for the purpose of defendant 100);

Attorney Dok-jin in charge

2. Law firm rent (for the purpose of 100, 200)

Attorney Cho Il-won in charge

Imposition of Judgment

May 1, 2013

Text

Defendant 5,00,000 won, Defendant 100 shall be punished by imprisonment with prison labor for 8 months, and Defendant 100 shall be punished by fine for 3,00,000 won, respectively.

When Defendant 50 and 100 do not pay each of the above fines, each of the above Defendants shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

However, with respect to the defendant 00, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final.

Reasons

Criminal facts

Defendant 100 is the representative director of Mapo-gu Seoul Metropolitan Government *** 603,604, Defendant 100 is in Jung-ro 2, Jung-gu, Seoul * the representative of investment finance businesses, Defendant 10 is the Seoul Jongno-gu Transportation **** * * 428 staff of the Song-gu 00 certified judicial scrivener office.

In collusion, the Defendants borrowed KRW 4.5 billion to the above Song 00, and deposited shares in the principal bank and registered the capital increase by obtaining a certificate of custody of shares payment. The above money was withdrawn and conspired to return it to the above Song 00.

1. Violation of the Commercial Act;

Defendant 100 paid 1% of the above shares to Defendant 1, who lent the corporation shares to Defendant 1, who became aware of the fact that Defendant 1 paid 60,00 shares (4.5 billion won of shares) on behalf of Defendant 1, who paid 100% of the above shares to Defendant 1 on May 11, 201 when offering the capital increase through the shareholder allotment method, and paid 1.5 billion won of the above shares to Defendant 100. Defendant 1 instructed Defendant 100 to transfer the shares to the above bank’s account under the name of the above company (********* * * * * * 723) after opening the shares subscription certificate to the above bank, and then withdrawn the shares transfer to the above 4.5 billion won to the above bank’s account. Defendant 100 on May 12, 2011.

As a result, the Defendants conspired to make a disguised payment.

2. Crimes of false entry and uttering, such as public electromagnetic records;

On May 13, 201, the Defendants conspired to enter false facts in the registry office of the Seoul Central District Court located in Seocho-gu Seoul Central District Court in Seocho-gu, Seoul, and the facts are as follows: (a) by submitting documents necessary for the registration of capital increase, such as “a false certificate of capital increase” to the effect that the total amount of capital increase of the above company was deposited despite the most recent payment of KRW 4.5 billion; and (b) by allowing public officials in charge of the above registry office to enter false facts into the commercial registration system, which is a public electronic record of the same day, with the total number of capital increase of KRW 20,00,00, the total amount of capital increase of KRW 1,100,000,000.

Summary of Evidence

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 628(1) and 622(1) of the Commercial Act; Articles 228(1), 229 and 30 of the Criminal Act

Defendant 50, 00: Selection of each fine, Defendant 10

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant 100, 00: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Song 00: The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act is likely to be very heavy in view of the fact that the crime of this case harms the principle of capital adequacy of the stock company and causes damages to transaction partners, including company creditors, and the most paid amount is 4.5 billion won. However, in the case of Defendant Jong 00, under favorable circumstances, it is favorable to recognize and reflect the mistake, and the fact that there is no other criminal power, and in the case of Defendant Song 00, there is a fine imposed on two occasions for the same crime, and the proceeds of the crime have been acquired, so the sentence of imprisonment shall be selected. In addition, it is favorable to the fact that there is no other criminal power, and that the operator has not closed and failed to repeat the business. Defendant Cho 10, the punishment of this case shall be determined by taking into account each order favorable to each other, such as the fact that there is no other criminal record, other than the one sentenced to a fine once in the case of Defendant Cho 1, and that there is no significant profits.

Judges

Judges fixed-day -

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