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(영문) 부산지방법원 2014.03.13 2014고단488
상법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 3, 201, the Defendant borrowed 500,000,000 won from an intestable bond business operator with intent to establish a stock company by means of the best payment at around May 3, 201, and let the Defendant deposit it into the water cooperative account under the name of the Defendant, and then was issued a certificate of balance at the point of the annual Dolsan Fisheries Cooperatives of Busan Metropolitan City.

In order to register the incorporation of S Co., Ltd. with Defendant as promoters at the Busan District Court registry office on the same day, the Defendant filed an application for the registration of incorporation of a stock company with its capital of KRW 500,000,000, and the above balance certificate, etc. through employees in the name of the office of a certified judicial scrivener, and filed an application for the registration of incorporation of the said company. On May 4, 2011, the following day, the Defendant filed an application for the registration of incorporation of the said company.

9. 1,00,000 won was withdrawn from each other and repaid to the non-performing bond business entity.

Accordingly, the defendant pretended to pay the capital, and made a false report on the total capital to the above court-registered public official who is unaware of such fact, and made a false record on the commercial register which is a public electronic record, and exercised it by seeking that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A written accusation;

1. Application for registration of incorporation;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Relevant provisions concerning criminal facts, Articles 628 (1), 622 (1), 622 (1) of the Commercial Act (the main payment), Article 228 (1) of the Criminal Act (the point of false entry into public electronic records, etc., the choice of imprisonment), Articles 229 and 228 (1) of the Criminal Act (the point of exercising false entry into public electronic records, etc., and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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