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(영문) 춘천지방법원 강릉지원 2016.08.17 2016고정150
상법위반등
Text

Defendants shall be punished by a fine of seven million won.

Defendant

If A does not pay the above fine, 10,000.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant in violation of the Commercial Act was a director of the company’s interest company (in fact, the registered inside director or the representative director) as promoters of B Co., Ltd. located in Gangseo-si, Gangnam-si, and was willing to make the payment of the said company’s share price by temporarily borrowing KRW 110 million out of the capital amount of KRW 200 million necessary for the establishment of the said corporation from E, who is a branch, and then returning the borrowed amount.

On April 3, 2012, the Defendant deposited KRW 200,000,000, including KRW 110,000,000 temporarily borrowed from E, into the account of F, a representative director, in the form of the said company, and received a certificate of balance of KRW 200,000 from the said bank.

In accordance with the same day, the Defendant applied for the registration of incorporation of a corporation with the total capital amount of KRW 200 million at the office of the Chuncheon District Court's office located in 3288-18 of the same day, accompanied by the above balance certificate, and filed for the registration of incorporation of the corporation B,

5. Around 18.10 billion won of the share capital that was temporarily paid as above was withdrawn and returned to the above E, thereby pretending the payment of the share capital.

B. On April 3, 2012, the Defendant entered false records, such as public electronic records, in the office of the office of the office of the Chuncheon District Court's Gangwon Branch Branch of the above paragraph (1), and in applying for the registration of incorporation of the said B Co., Ltd., a certified judicial scrivener G, who knows that the payment of stock price was disguised, submitted a certificate of custody of stock payment and relevant documents to the public official in charge who is aware of the fact of the most payment, and entered the said public official in charge into the electronic data processing system's total amount of capital in the commercial information processing system.

As above, the defendant shall make a false report to the public official and shall be the same as the original copy of the fairness deed.

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