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(영문) 광주지방법원 2018.07.19 2017고단2513
상법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 11, 2011, the Defendant was sentenced to one year and six months of imprisonment for fraud, and two years and six months of imprisonment for fraud and for breach of trust in the Gwangju District Court. On January 18, 2012, the Defendant was sentenced to imprisonment for a violation of the Punishment of Tax Evaders Act by the same court on February 7, 2014 and completed the execution of each of the above punishment, and was an auditor of B (hereinafter “B”) a corporation established for the purpose of aggregate sales business, etc.

1. The defendant in violation of the Commercial Code shall establish the Dispute Resolution Co., Ltd. in the manner of pretending the payment of the share capital, and the specific procedure was requested to C, a certified judicial scrivener. Accordingly, C, as a promoter of the Dispute Resolution Co., Ltd., a certified broker D, made a share capital of KRW 100 million, and C, upon completing the registration of the establishment of the Dispute Resolution Co., Ltd., made a public offering in order that D would make the best payment of share capital

On May 29, 2014, the Defendant, in collusion with C and D, deposited KRW 180,000,000 at the Busan East-dong Branch of Gwangju District Bank located in Gwangju-gu, Gwangju-dong, and received a balance certificate, and C received documents, such as the above certificates, from the Jeonju District Registry located in Jeonju-dong, Jeonju-dong, Seoul-si, on May 30, 2014, received the application documents from the Jeonju District Registry, and completed the registration of the establishment of the LAB, which is made in capital KRW 100,000,000,000,000 won around May 31, 2014, and D withdraws all of the above KRW 180,000,000,000,000,000.

Accordingly, the defendant, in collusion with C and D, proposed the payment of the stock price by the Bank of Korea.

2. The defendant in collusion with C and D to make a false entry into a public electronic record, and a false public electronic record, etc. on May 30, 2014, the defendant submitted a balance certificate and other documents necessary for the registration of the incorporation of the corporation that he/she would certify that only 10,000 shares causing 10,000 shares per share are acquired and kept in custody, to the public official in charge of the registration of the former Special Metropolitan City, prior to the Seoul Special Metropolitan City on May 30, 2014.

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