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(영문) 전주지방법원 군산지원 2016.02.01 2015고정541
상법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who was a promoter of (NC) for the purpose of selling tax-free imported goods and importing agricultural and fisheries products, and D (Detention Prosecution on August 21, 2015) was a person who actually led the establishment of C.

Defendant and D decided on February 2014 to establish a corporation whose capital was secured by more than 1,00,000,000 won, which is the requirements for the selection of business operators, for the operation of duty-free shops in E. However, when it was difficult to prepare the above capital, Defendant and D had the aforementioned company’s capital been invested in a false manner, and prepared the minutes of the general meeting of members by preparing a false receipt for payment of contributions, and had the registered public official make a false entry that the actual amount of investment was invested in the certified copy of the corporate registry.

Defendant and D submitted, around February 14, 2012, an application for registration of incorporation of a limited company with the content of KRW 1,000,000,000 in total capital of the above company, together with a false investment receipt stating the purport that “A, an employee of the company A, and G, paid 30,000,000 (10,000,000 won per investment),” through a certified judicial scrivener F, although there was no actual payment of investment in the former district court in the Cho-dong, Dong-dong, Si-si, Si-si, Si-si, and Dong-si, and (2) through a certified judicial scrivener F, the said registration and employee did not know the fact that the electronic records were recorded as KRW 1,00,000,00 in the total amount of the capital of the above company’s commercial records in the electronic records, and made the said applicant and employee enter the said records as 1,00,000,000,000 won.

Therefore, the defendant, in collusion with D, made a false report to the public official and made a false report to record false facts in the electronic records of the commercial register which is the same as the original copy of the fair deed.

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