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(영문) 광주지방법원 2015.10.21 2015고단3423
상법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant was an employee who actually manages and controls the financing and enforcement of the Company C (hereinafter “C”) that is engaged in the business of collecting earth and rocks.

C In order to get a loan from the first financial right, it is necessary to increase capital.

However, the defendant could not prepare the amount of capital increase, and the defendant decided to increase C's capital by means of lump sum payment.

1. On November 20, 2012, around November 20, 2012, the Defendant deposited KRW 898,000,000,000,000,000,000, in stock price, at the Schannam Branch located in Seocho-gu Seoul Metropolitan Government Yang Jae-dong, Seoul, into the account as the payment for stock price.

Since then, the Defendant received a certificate of the custody of shares in the above bank, and completed the registration that changed C’s capital from KRW 100,000 to KRW 998,000,000 from the registration division of the Gunsan Branch of the previous District Court on the same day.

However, the Defendant withdrawn KRW 898 million from the above bank on the following day and repaid it to the bond company.

Accordingly, the defendant pretended the payment of share capital.

2. Around December 24, 2012, the Defendant deposited KRW 22 billion in the C account with a stock price paid at around December 24, 2012 at the stand Dold Gun Industrial Complex located in Gunsan-si, Gunsan-si.

Since then, following the receipt of a certificate of payment custody of shares by the above bank, the defendant completed the registration to change C's capital from KRW 998,000 to KRW 1.2 billion in the registration division of the Gunsan Branch of the Jeonju District Court on the same day.

However, the Defendant, on the same day, withdrawn KRW 22 billion from the above bank and repaid to the bond company.

Accordingly, the defendant pretended the payment of share capital.

3. On March 12, 2013, around March 12, 2013, the Defendant deposited KRW 1 billion in the C account as a share price payment at the dong branch of the Bank located in Gwangju North-dong, Gwangju-dong, and at the dong branch of the Bank located in Gwangju-dong.

Since then, the defendant is the above bank.

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