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(영문) 서울중앙지방법원 2016.04.19 2015고단8229
상법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A from August 28, 2009 to January 28, 2011, Company F, as internal director, and from April 5, 201 to September 20, 201, Defendant B served as each of its own representative directors from March 30, 2010 to the internal director, and from April 5, 201 to April 28, 201, Defendant B served as each of its own representative directors from March 30, 201 to the internal director, and from April 5, 201 to the internal director, G served as the vice-chairperson of Company F from December 209 to the management office.

1. The sole criminal conduct of Defendant A;

A. When issuing new shares 1,249,999 shares of FF, the Defendant in violation of the Commercial Act, borrowed and paid KRW 99,99,200 from H and then withdrawn KRW 350,000 out of the shares paid, and immediately returned to H as collateral and interest.

On October 27, 2009, the Defendant deposited KRW 99,99,200 to F’s account by pretending share capital at the branch office of the Namdong Industrial Bank of Korea located in Incheon Nam-gu, Incheon, and received a certificate of deposit of share payment from the staff in charge of the said branch office.

On October 28, 2009, the Defendant withdrawn KRW 350,000,00 from the shares deposited on October 28, 2009, under the name of overseas resources development, and delivered it to H.

As a result, the Defendant pretended to pay F's share price of KRW 350,000,000.

B. On October 28, 2009, the Defendant had an agent I for a certified judicial scrivener on October 28, 2009, such as a false entry into a public electronic record, and a false electronic record, submitted to the registry official a document for application for registration of change of the corporation, such as a certificate of deposit of stock payment to the effect that the full amount was deposited in the last payment of KRW 350,000,000 of the stock price to F with respect to the corporation, and made the registry official enter the false facts in the commercial registration information system, which is an electronic record, “22,716,189, the total number of issued and outstanding stocks of the corporation F, 11,358,094,50 won,” and around that time, the registry official becomes insolvent.

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