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(영문) 부산지방법원 동부지원 2018.04.05 2018고정64
상법위반등
Text

A defendant shall be punished by 1.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The latest payment of capital for the establishment and false statement in the registration of establishment;

A. In establishing a stock company B, the Defendant, as promoters, intended to pay KRW 10 million of the established capital in the form, and immediately withdraw it. On May 25, 2016, the Defendant deposited KRW 10 million in the account opened in the name of the Defendant, which was established in the Yongsan-gu Saemaul Bank located in the Busan Metropolitan City, Busan Metropolitan City, and issued a certificate of deposit of stock payment from the relevant employee. On the 27th of the same month, the Defendant pretended to pay KRW 10 million of the stock price by withdrawing the total amount of KRW 10 million.

B. On May 26, 2016, the Defendant: (a) had a certified judicial scrivener C submit an application document for registration of incorporation of a stock company, such as a certificate of storage of shares payment, which was written as if the share price was paid normally, to a registered public official who is aware of the fact; (b) had the registered public official enter false facts in the commercial registration information system, such as “the total number of shares issued and outstanding, KRW 2,000, and KRW 10,000,000,000,” and at that time, had the registered public official keep and preserve the electronic records by having the electronic records furnished the commercial registration information system, which was recorded as false, to enter false facts in the electronic records; and (c) exercised the electronic records.

2. On July 1, 2016, the payment for the capital increase and the false statement in the registration of the change;

A. The Defendant, as an internal director of a stock company B, increased the capital amount of KRW 50 million in the registered company B, but the increased capital amounting to KRW 40 million in the account in the name of the stock company B established at the seat of the Busan Nonghyup Bank in Busan in order to withdraw it after making a formal payment. On June 23, 2016, the Defendant deposited KRW 50 million in the account in the name of the stock company B established at the seat of the seat of the Busan in Busan in Daegu in order to deposit KRW 40 million in the account on June 30, 2016.

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