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(영문) 대전지방법원 2015.09.16 2015고단1901
상법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2014, the Defendant: (a) during the search of the method of raising credit rating through the Internet in order to purchase vehicles at a discount; (b) during the search of the method of using the Internet, the Defendant established a juristic person with the Defendant as promoters and registered its business; and (c) was offered to obtain a proposal from a bank in the name of the said juristic person to open a deposit account in the name of the said juristic person to increase credit rating by making financial transactions using the bank’s name; (d) applied for the registration of the establishment of a corporation, and returned the paid share money after the application for the registration of the establishment of a corporation from the person with no name, and

1. On October 16, 2014, the Defendant in violation of the Commercial Act borrowed 500,000 won as a share price necessary for the establishment of a corporation (C) from an unqualified person in the name of the Defendant’s bank located in the 55-ro, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and borrowed 5 million won from D, who is the Defendant’s seat, to deposit 10,000,000 won into the Defendant’s name bank account (E) as the share acquisition price, and received a balance

On October 17, 2014, the following day pursuant to an agreement with the above person who was named in the name of the defendant, the defendant withdrawn 10 million won deposited in the above person's bank account and delivered it to the person who was named in the name of the defendant and D as a repayment for the above borrowed money.

Accordingly, the defendant, in collusion with the person who was not registered, proposed the payment of 10 million won in relation to the establishment of the stock company C.

2. The contents that, on October 17, 2014, the Defendant made the total number of shares issued by the said company 200 shares and the total amount of capital 10 million won to a registered public official who is not aware of the fact that the share capital of the said company was the largest, although the registration of the Daejeon District Court and a certified judicial scrivener who is delegated with the affairs of application for registration of incorporation in the Daejeon District Court around October 17, 201.

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