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(영문) 춘천지방법원 영월지원 2016.01.29 2015고단368
상법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On May 2012, the Defendant is the representative of a company that established and operated a plan for the settlement of accounts (a change in the name of D & D in February 2014, hereinafter referred to as “company”) which is a miscarriage production company with its head office in Thai-si, Thai-si, Thai-si.

1. Making a false entry, such as violation of the Commercial Act and electronic records, and holding an electronic record, etc. of a false entry;

A. In accepting new shares due to a company’s capital increase, the Defendant, despite having no intention or ability to increase the value of 500 million won of the subscription price of the shares, had actually been paid as if it actually paid the acquisition price of the shares, had the intent to pretended on the document. On February 7, 2013, the Defendant, at the branch of the bank amba-ro 1-ro, Mapo-gu, Seoul, Seoul, at the branch of the bank, borrowed KRW 500 million to the Defendant’s branch at the Defendant’s request, borrowed the amount of KRW 73,00,000,000 to the Defendant’s branch, and received a certificate of balance to be submitted to the registry along with the application for registration of change of the company, and issued the certificate of balance to be submitted to the Plaintiff on February 8, 2013, immediately deposited the total amount of KRW 500,000,000 as a check and returned the money to the

B. The Defendant, at the time, at the time, at the place, and at the same time as the above paragraph (a) above, made the disguised payment of the share capital to the company, submitted an application for registration of change of the company to the public official of Taecheon registry, who is not aware of such fact, along with documents related to registration of capital increase, such as a certificate of deposit of share capital. On February 12, 2013, the above registered public official made registration of change of the company, stating false facts as to the total number of shares generated in the company and total amount of capital in the computer commercial registry, and made the said public official enter false facts in the computer commercial registry, which is an official electronic record, and stored and exercised it on the computer in the Tae Tae

2. The Defendant, at the office of F in Seoul E around July 2015, held the events, such as the forgery of private documents, the event of a falsified investigation document, and the electronic records recorded on the official electronic records, etc.

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