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(영문) 대구지방법원 서부지원 2016.10.13 2016고단1446
상법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

In response, the Defendant, who was aware of the fact, proposed that “I will create a number of passbooks and lend three million won to the head of a city.” On the other hand, the Defendant conspired to create a passbook in the name of the said company and transfer the passbook to F when F establishes a “age company” which is represented by the Defendant using the above documents, with the identification card, resident registration certificate, and certificate of personal seal impression.

1. Violation of the Commercial Act;

A. According to the above public offering, the Defendant: (a) did not have paid a balance certificate in order to establish a floating company on October 2015; (b) provided that there was no fact that the Defendant paid a share price; (c) 5 million won was paid from F under the name of the Defendant; and (d) around October 15, 2015, the Defendant, who deposited the said five million won in the corporate bank account (Account Number H) in the name of the Defendant’s corporate bank account in the name of the Defendant, and obtained a balance certificate and balance certificate on October 21, 2015 by using the said balance certificate and balance certificate, etc. from the Daegu District Court and its branch, etc., for the registration of incorporation of G Co., Ltd. with the total amount of capital of KRW 5 million, pretended to pay KRW 5 million.

B. On October 19, 2015, the Defendant established a “stock company G” company G in addition to the aforementioned “stock company G” in accordance with the public offering as seen earlier, and there is a need to issue an additional certificate of balance to establish a “stock company I” company. As such, the Defendant deposited KRW 5 million in the said company bank account on the same day, and deposited the said five million won in the company bank account (J) in the name of the Defendant’s name on the same day, and received a certificate of balance and balance from the said five million won and returned to F on November 2, 2015, and also returned to F.

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