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(영문) 제주지방법원 2015.02.06 2014고정1080
상법위반등
Text

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

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

Reasons

Punishment of the crime

1. In establishing a corporation for the purpose of domestic and foreign travel business, the Defendant, in violation of the Commercial Act, borrowed 150 million won of the company’s share capital from other persons and paid it immediately after borrowing it from other persons, and borrowed 150 million won of the company’s share capital to the Defendant’s account at the location of the Jeju branch of the Japan Bank Bank, Daz. on September 10, 2009, and paid the share capital and received a certificate of payment of the share capital. On September 11, 2009, the Defendant pretended to pay KRW 150 million of the share capital by withdrawing 150 million of the above share capital from other persons and repaying it through D.

2. On September 10, 2009, the Defendant made a false report to a public official to enter false facts in the commercial register, which is the original of a notarial deed, in the form of the Jeju District Court on September 10, 2009, by submitting documents related to an application for the establishment registration of a juristic person, such as a certificate of payment balance of shares issued by pretending the payment of shares, to a registered public official who is aware of such facts, and making him enter “15,000,000 won” in the total amount of shares issued in the notarial deed, and “150,000,000 won” in the total amount of shares issued in the notarial deed, and exercised it by allowing him to keep it at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to certificates of deposit/trust balance, and entire registered matters;

1. Relevant provisions of the Commercial Act and the choice of punishment for facts constituting an offense: Article 628 (1) of the Commercial Act (the points of provisional payment), Article 228 (1) of the Criminal Act (the point of false entry in the original of an authentic deed), Articles 229 and 228 (1) of the Criminal Act (the point of exercise of the original of an authentic deed). Selection of each fine;

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

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

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

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