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(영문) 춘천지방법원 강릉지원 2016.02.18 2015고정409
상법위반등
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant in violation of the Commercial Act was the representative director D ( currently B) in Gangnam-si, and was willing to disguise the payment of the share capital by promptly withdrawing the share capital after he borrowed the capital required for the registration of capital increase from the name of the juristic person, and immediately withdrawing it.

1) On March 15, 2012, the Defendant borrowed KRW 102,00,00 from the Defendant’s mother E, and KRW 75,00,000, which was kept in the account for loans in the name of the company on the 22th of the same month, deposited in the capital account in the name of each company, and issued a certificate of deposit of KRW 210,000,000 at the branch office of the Gangnam-si 2097 of the same month.

On March 23, 2012, the Defendant filed an application for registration of change of the capital of a corporation with the total amount of capital of Chuncheon District Court D, which is KRW 210,000,000,000, from 10,000 to 210,000, with the above balance attached to the registration of change of the capital in the Chuncheon District Court’s branch court, as of March 23, 2012, the Defendant deposited 75,000,000 of the share capital at the same bank on the same day, and returned it to the account under the name of the company.

5. 18. The above bank withdrawn 102,00,000 won and repaid borrowed money to E, thereby pretending the payment of share capital.

2) On January 28, 2014, the Defendant borrowed a total of KRW 100,000,000 from the auditor F and directors G of the said company, and paid the shares to the Agricultural Cooperative Account under the name of the said company, and received a certificate of deposit balance of KRW 100,00,000 from the branch office of Gangseo-si, Gangseo-si, 56, Gangnam-si on the same day.

On January 29, 2014, the Defendant applied for a registration of change of capital in which the sum of D’s capital is increased from KRW 210,000,000 to KRW 310,000,000, from the registration division of the Gangnam District Court Branch Branch Branch of the Chuncheon District Court located in 3288-18, according to the Dong-si Sea, along with the said certificate, and paid the amount borrowed from the said bank on March 4, 2014.

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