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(영문) 서울남부지방법원 2019.06.14 2017고단5233 (1)
상법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A A, a person operating a State) who was aware of the capital increase of KRW 470,00,00 by means of the latest payment on September 1, 2014, and asked D to produce a certificate of balance equivalent to the above amount to D through an advertisement. D received from Defendant A a business registration certificate, a seal imprint, a certificate of personal seal impression, and a power of attorney, etc. necessary for opening an account under the name of (State)B from Defendant A, and E delivers E with the certificate of business registration, a certificate of seal imprint, a certificate of personal seal impression, and a certificate of balance to Defendant A by using the above documents at a branch of G Bank under the name of (State)B in Seoul, Jung-gu, Seoul. On the same day, E was issued a certificate of balance after opening a bank account under the name of (State)B at a branch of the G Bank in Seoul, and deposited KRW 470,000,000,000 after collecting the above amount from the entire account transfer.

Defendant

A on September 2, 2014, filed for registration of capital increase of KRW 470,00,000 with the above balance certificate from the Goyangyang Branch of the Suyang Branch of the District Court, and completed registration of capital increase.

Accordingly, the Defendant committed the act of pretending payment in collusion with D and E, and caused the entry of false facts in the total amount of capital column of the commercial register of the above company, which is a public electronic record, and exercised by making it stored and operated on the computer network.

Summary of Evidence

1. Statement of the defendant A in the first trial record;

1. Partial statements of witnesses D and E in the sixth trial records;

1. Police suspect interrogation protocol of the accused;

1. Application of the corporate register B Acts and subordinate statutes;

1. Relevant Articles 628(1) and 622(1) of the Commercial Act of the relevant Act concerning criminal facts, Article 228(1) of the Criminal Act ( point of provisional payment), Article 228(1) of the Criminal Act ( point of false entry, such as public electronic records), Articles 229 and 228(1) of the Criminal Act concerning the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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