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(영문) 서울중앙지방법원 2015.10.21 2015고단4234
상법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Commercial Act is an adviser of D Co., Ltd. (hereinafter “D”), who is a gold mine development company, and a person who actually controls and manages the said company.

On May 6, 2013, the Defendant conspiredd to make the best payment of shares by borrowing 300 million won from a nominal bondholder and a bond company.

On May 7, 2013, the above bond company deposited 300 million won in the name of E (one bankF) at the Han Bank's legal assistance branch, as agreed with the defendant, and received a certificate of deposit of stock payment from the above bank on the same day, and completed the registration of incorporation with capital of 300 million won at the above bank's branch on the same day. The above 300 million won was withdrawn again at the above bank's point.

Accordingly, the defendant, in collusion with the name-free bond company, proposed the payment of stock price.

2. Around May 7, 2013, the Defendant conspired with a bondholder on the original of a notarial deed and a false entry in the original copy of a notarial deed in collusion with a nominal bondholder on his name, the registry of the Seoul Central District Court located in Seocho-gu Seoul Seocho-gu Seoul District Court, and the fact that 300 million won was the most paid to the above company, and despite the fact that the capital was not actually paid to the above company, a public official who is unaware of the fact submitted documents necessary for the registration of incorporation, such as a certificate of deposit in the capital, to a public official in charge of the above company, and had the above public official make the registration of incorporation with the capital of 300 million

As a result, the defendant, in collusion with a nominal bondholder, made a false report to a public official, and entered false facts in the certified transcript of corporate register which is the original copy of the authentic deed and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The prosecutor's statement concerning G;

1. Stock Companies D. D.

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