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(영문) 서울남부지방법원 2019.06.12 2017고단5233
상법위반등
Text

Defendant

A In October of the imprisonment of 10 months, Defendant K and F are punished by a fine of 7,00,000, and Defendant C and V.

Reasons

Punishment of the crime

On December 16, 2014, DefendantO was sentenced to 8 months of imprisonment with prison labor for a violation of the Labor Standards Act, etc. by the Incheon District Court on December 16, 2014, and two years of suspension of the execution thereof was finalized on December 24, 2014. On August 12, 2016, the judgment was finalized on December 16, 2016 after being sentenced to 4 months of imprisonment with prison labor for fraud, etc. and 8 months of imprisonment with prison labor in the Incheon District Court’s subsidiary branch, etc., and on June 15, 2017, the judgment became final and conclusive on June 23, 2017.

Defendant

On January 21, 2016, the J was sentenced to 6 months of imprisonment with prison labor and 1 year of suspended execution for violating the Occupational Safety and Health Act at the Seoul East East District Court on January 21, 2016, and the judgment became final on January 29, 2016.

Defendant

C On December 22, 2016, the Seoul Western District Court was sentenced to one year of imprisonment for fraud and two years of suspended execution, which became final and conclusive on October 31, 2017.

1. On March 6, 2014, Defendant A, Defendant B, and Defendant V: (a) found in (i) X office with a view to increasing the amount of KRW 400,000,000 by means of a false payment on March 6, 2014; and (b) requested Defendant A to create a balance certificate equivalent to the above amount; (c) Defendant A received from Defendant V a business registration certificate, a seal imprint, a certificate of personal seal impression, and a power of attorney, etc. necessary for opening the account in (ii) name; and (d) Defendant B, using the above documents at the B branch of the Z Bank located in (Y) in Seoul Jung-gu Seoul Metropolitan Government, opened a balance certificate after receiving KRW 400,00,000,000, and issued the balance certificate with Defendant V’s new account, a seal imprint, etc. after collecting the total amount of the above amount from account transfer; and (e) issued the balance certificate with Defendant V’s new account, etc.

Defendant

On March 7, 2014, V filed an application for registration of capital increase of KRW 400,000 with the above balance certificate from the Suwon District Court Seosung registry office, and made a registration of capital increase on the 10th of the same month.

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