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(영문) 부산지방법원 2014.05.15 2014고정89
상법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of B (owner) who mainly engages in franchise business, has been required to issue 30 million won or more by issuing 30 million won or more shares to operate international logistics brokerage business in addition, but there has been no funds necessary for capital increase with the exception of 200 million won or more from C.

Therefore, after borrowing KRW 100 million from C for the purpose of funds necessary for capital increase with capital increase, it was thought that C would promptly recover and repay the above money to disguise the payment of capital.

1. On June 10, 2013, the Defendant violated the Commercial Act temporarily borrowed KRW 100 million from C with funds necessary for capital increase with capital increase, and on June 12, 2013, the Defendant deposited and deposited the said funds as capital increase in the accounts of community credit cooperatives (Account Number: D) in the name of B (State) in the accounts of community credit cooperatives (Account Number) under the name of B (State), from which he/she received a certificate of deposit of capital from the above credit cooperative on June 13, 2013, filed an application for the registration of the change of B (State) with the Busan District Court registered in the Busan District Court located in the Dong-gu, Busan District Court on June 18, 2013, and subsequently, the payment of capital was proposed by withdrawing KRW 100 million from the above credit cooperative on June 18, 2013.

2. On June 13, 2013, the Defendant submitted an application for registration of the change of a company, accompanied by a certificate of payment custody of share capital, which was issued by pretending payment of share capital, to a registry official who is unaware of the circumstances at the above Busan District Court registry, and made the public official in charge store and operate the commercial registration information system, which contains false information, at the same time.

Accordingly, the defendant entered false facts in public electronic records, and exercised the above public electronic records stating false facts.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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