Ga. Violation of the Commercial Act

(b) False entry, such as public electronic records;

(c) Events such as false statements and electromagnetic records; and

1. Hexed ○○ (00000 - 000000) - Duty free of office

Housing Sungnam-si Subdivision 00

In case of the port of registry, South-gu 00

2. Forwarding ○○ (0000 - 000000) - Consulting business

Housing Songpa-gu Seoul Metropolitan Government ○

Seoul Westernmun-gu 00

Kim Jong-dae (Lawsuits) and interest management (Trial)

Law Firm private, Attorney Park Sung-sung (private on the part of defendant Hu○○)

Law Firm Barun, Attorneys Kim Jae-ho (private ships for defendant Song-ho, Counsel for defendant Lee Jae-ho)

June 13, 2012

Defendants are not guilty.

The summary of this judgment shall be published.

1. Facts charged

Defendant Song-○ is a real estate investment company incorporated pursuant to the Real Estate Investment Company Act (this refers to the real estate investment company)

H. The Seoul Central District Court on August 30, 201 as the president of ○○ Doz (hereinafter referred to as “○○ Doz”)

A person who was sentenced to seven months of imprisonment with prison labor for a violation of the Act and became final and conclusive on November 24, 201, and Defendant Do Governor-O

○ is the Vice-Chairperson of ○○z.

(a) Violation of the Commercial Act;

The Defendants, at the time, ○○○○○, a representative director of ○○○, and Park ○, a representative director, etc.

The bond company borrowed the bond fund from ○○○○, and offered a public offering to pay the paid-in stock price.

As can be seen, the Defendants committed on April 21, 201, in collusion with Park○-○, Park○-○, etc., by ○○○○.

2.90 million won in the course of issuing new shares to a third party, 2.9 billion won in the capital increase

(2) A certificate of deposit of stock price payment from the bank

on April 22, 2011 following the date following the issuance of the certificate of capital increase by the company, 2.9 billion won after the completion of the registration of the capital increase by the company

After withdrawal, the payment of capital was pretended by way of returning it to ○○○.

(b) Any false entry, false entry, and electromagnetic records; and

Defendants in collusion with Park ○-○ and Park ○-○, etc., and facts constitute an offense against the said company, such as the preceding paragraph.

on April 22, 2011, even if the gold has been paid in advance, the name omitted at the commercial registration office of the Seoul Central District Court.

It is necessary for a certified judicial scrivener to register a capital increase such as a certificate of payment of stock price to a registered public official who is unaware of

of the total number of outstanding shares and the total amount of capital of the corporation

B In case of fraudulent entry into the commercial registration electronic data processing system, which is a public electronic record, in the public electronic record;

The office shall be recorded, and around that time, the public official shall have the public official enter the facts of his fault, and the public official shall record the records.

The commercial registration electronic data processing system was installed and used at a place.

2. Determination

A. Relevant legal principles

Only a person who is under Article 622 of the Commercial Act shall be the subject of the offense of provisional payment under Article 628 of the Commercial Act.

a person who is not an eligible person is a member of his/her status; on the other hand, a person who is not an eligible person is processed for committing an offense.

corporation may be co-offenders, but even in the case, functionally on the basis of the intention of co-processing and its common intent.

The subjective and objective requirements of the commission of a crime through the control of conduct must be satisfied.

Punishment for a crime (see Supreme Court Decision 2011Do3180 decided July 14, 201, etc.).

B. In the instant case:

A public prosecutor shall ○○○, with his identity as stipulated in Article 622 of the Commercial Act (or ○○, at the time of April 21, 201)

Based on the premise that the crime of aiding and abetting payment under Article 628 of the Commercial Act is established for the Defendants who do not have status.

The prosecution was instituted on the grounds that it was processed, and the defendants were co-principals of the crime of provisional payment.

In order to hold the responsibility for it, the crime of soliciting payment should be established to Park ○○.

The records of this case, i.e., the following circumstances, i.e., the number of gambling ○, known through the records of this case:

The amount of capital increase of 2.9 billion won from the institution to this court shall be paid and the following person:

The Defendants consistently stated that they were not aware that they were withdrawn, and ② the Defendants were not aware that they were withdrawn.

Before the process of capital increase, there is a lack of ○○, the provider of the capital increase in this case, and ○○, the maximum amount of ○, but Gab○

“○” means: (a) April 21, 201; (b) Lee ○, the lowest ○, the first call; and (c) the details of the preparation of a written statement;

○○ and ○○○ does not coincide with statements but 2) In order to prepare a check of money, ○○○.

An employee identification is required. An employee identification is required at the time when ○○ is transferred to ○○○ branch of ○ Bank.

Only the necessary corporate person has a string and does not have a string required for the preparation of the string money sheet.

Along with the employee of ○○ sports, he/she has made it available to the employee, and made in advance a statement of money in advance.

In light of the fact that it is not anticipated, the evidence alone submitted by the prosecutor is not sufficient.

Park, ○○ is insufficient to deem that he/she had been aware of the best payment as at the time of April 21, 201, and otherwise, this is not applicable.

there is no evidence to prove that there is no such evidence.

Therefore, there is a crime of soliciting payment under Article 628 of the Commercial Code to ○○○ who has a status under Article 622 of the Commercial Code.

Therefore, since the above crime is not established for the Defendants without status, the above crime is not established for the Defendants without status.

In addition, insofar as the defendants do not constitute a crime of gambling, the Defendants’ gambling ○, and gambling ○○ division.

Since it can not be deemed that there was any false entry of the matters concerning capital in collusion, it shall not be deemed that there was any false entry of public electronic records

The crime of actual entry and the crime of uttering of false entry and electromagnetic records is not established.

4. Conclusion

Thus, each of the facts charged against the Defendants constitutes a case where there is no proof of crime.

not guilty under the latter part of Article 325 of the Criminal Procedure Act, and under Article 58 (2) of the Criminal Act

The summary of the judgment of innocence shall be published.

Judges Park fixed-term

1) Article 622 (Crimes of Special Misappropriation by Promoters, Directors, and Other Officers)

(1) Promoters, managing partners, directors, executive directors, members of the audit committee, auditors, or auditors of a company, or Article 386 (2), 407 (1), 415, or 567

officer, manager, or other employee entrusted with a certain class or specified matter related to the business of the company violates his duty.

in case of causing damage to the company by taking or making a third person obtain such pecuniary advantage, imprisonment for not more than ten years or by not more than 3,000

Any person shall be punished by a fine not exceeding ten thousand won.

(2) Paragraph (1) shall also apply where a liquidator, acting liquidator under Article 542 (2) and incorporator under Article 175 have committed an act mentioned in paragraph (1).

2) Park○-○ demanded that the least ○○ make a monetary check, on the ground that the Defendant’s “○○” calls for the drawing up of the monetary check (e.g., ○○, ○○) as this order was given to the author.

○○ stated as “the preparation of a statement,” while the last ○○ is in relation to the provision of funds, the personal guarantee of the representative director as security title to Park○○ in relation to the provision of funds.

The documents, etc. were required by Park○○○ to withdraw money without delivering documents by April 22, 2011) following the following day (see, e.g., Supreme Court Decision 2001Do348, Apr. 22, 2011).

The statement is written as "...."