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(영문) 대구지방법원 2014.04.23 2014고정305
상법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 11, 2013, the Defendant deposited KRW 200 million in Daegu-dong, Daegu-gu, and issued a certificate of balance related to the payment of the share capital, and completed the registration of incorporation of a stock company B for the purpose of wholesale and freight retail business. On June 12, 2013, the following day, at around June 12, 2013, the Defendant withdrawn all the above KRW 200 million and delivered all the same to the lessee, and paid the share capital.

2. On June 11, 2013, the Defendant prepared a false certificate of balance related to the payment of share capital and documents necessary for registration with the purport that the share capital was deposited in full even after the payment of the share capital was made in the Daegu Bank as above. On June 14, 2013, the Defendant submitted a false statement to a registered official who is aware of the fact at Liber Office No. 777-10 of the Dang-gun, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, and submitted a false statement in the certificate of total registered matters related to the rights and obligations and electronic records.

3. The Defendant from around June 11, 2013 to the same year.

9. Until June 1, 200, the above notarial deed had been kept in the liber registry office and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal affairs (a statement of transactions in accounts, applications for transactions, etc. attached thereto), certificates of details of deposit transactions, and statements of details of transactions, and applications for deposit transactions;

1. Application of Acts and subordinate statutes on the register of shareholders to a full certificate of registered matters (including cancellation), balance certificate, and each register of shareholders;

1. Relevant provisions of the Commercial Act concerning facts constituting an offense, Articles 628 (1), 622 (1), 622 (1) of the Commercial Act (the point of a main payment), Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, and the choice 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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