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(영문) 대구지방법원 2013.05.08 2013고정255
상법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed on the Defendants.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s co-principal defendants were unable to fill the directors, etc. as they were bad credit holders, and they were willing to establish D Co., Ltd. by raising Defendant B as the representative director and suggesting the payment of capital.

Defendant

B has been working as the representative director of D Co., Ltd from April 29, 2010.

On April 28, 2010, the Defendants deposited KRW 500 million borrowed from the BS Savings Bank as the shares payment of the D Co., Ltd. operating wholesale and retail business of low-level warehouse agricultural products, and issued a certificate of stock payment custody from the said Bank.

After that, on April 29, 2010, the Defendants completed the registration of incorporation with the capital of D Co., Ltd. as KRW 500,000,000 on the same day by using the said certificate of stock payment custody on the machinery, such as the Sung-gun District Court's Sung-gun Branch Branch Branch Branch of the Daegu District Court, which is located in the Gyeong-gun, Sung-gun, Gyeong-gun, the said year;

5.3.20 million won, and the same month;

7. A withdrawn and returned KRW 130 million.

Accordingly, the Defendants conspired to make up for the said company's capital payment.

2. Defendant A, as a person with bad credit standing, was unable to engage in the registration of a director, and was willing to establish the H in such a way as to convert G, his wife, into a representative director and to disguise the payment of capital.

From February 18, 2011, the Defendant borrowed the name of H representative director G from around February 18, 201 to work as a substantial representative director responsible for overall management of the above company.

On February 18, 2011, the Defendant deposited KRW 100,000,00,000,000 borrowed from a branch office of the Daegu Suwon-dong Forest Apartment Bank in Daegu-gu as shares payment of H, a company engaging in construction business, etc., and issued a certificate of deposit of shares from the said bank.

After that, the Defendant committed a crime in Daegu Suwon-gu around February 18, 201.

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