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(영문) 수원지방법원 2013.06.19 2013고단332
상법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the actual representative director of C (hereinafter “C”) of the Co., Ltd. (hereinafter “C”), conspiredd with D, a representative director under the name of C, to borrow KRW 200 million from the bond business operator to pay the C’s share price, and to withdraw the full amount of the C’s share price, and to make the said bond business operator repay

On April 7, 2011, the Defendant opened an account under the name of D (E) at the distribution store of the National Bank on April 7, 2011. around that time, the Defendant deposited KRW 200 million borrowed from the name-free bond business office in Jung-gu Seoul, Jung-gu, Seoul, into the above account and received a certificate of payment of shares, applied for the registration of incorporation of C at the Suwon District Court Sungsung registry office, and completed it. The same month.

8. The non-name-based bond holders have withdrawn the above KRW 200 million.

Accordingly, the defendant conspireds with D to make the payment of share price.

Summary of Evidence

1. Defendant's legal statement;

1. D's statement among the suspect interrogation protocol of the accused against the prosecution;

1. Application of Acts and subordinate statutes on the whole certificate of corporate registration and details of financial transactions;

1. Article 628 (1) and Article 30 of the Commercial Act applicable to the relevant criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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