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(영문) 서울동부지방법원 2012.11.22 2012고단2442
상법위반등
Text

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

except that 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

The defendant, as the representative director of Geumcheon-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter referred to as "D")'s capital increase, was willing to borrow capital from bond holders and withdraw the increased capital immediately after the payment of the share price and pay the above borrowed capital to bond holders.

1. On July 22, 2011, the Defendant violated the Commercial Act: (a) deposited KRW 950 million, borrowed from E, into the Japanese bank account (Account NumberF) in the name of D in the name of capital increase; (b) obtained a deposit/trust balance certificate from the said bank; (c) made the Seoul Central District Court’s Commercial Registry in Seocho-gu Seoul Central District Court in Seocho-gu in Seocho-gu in Seoul, to make a registration of changing D’s total capital from KRW 50 million to KRW 90 million; and (d) made the registration of changing D’s total capital from KRW 590,000 to KRW 90,000,000,000 from the total amount of capital increase immediately.

2. Around July 22, 2011, the Defendant entered the false entry of the original of a notarial deed and the false entry of the original of a notarial deed in the commercial registry of the Seocho-gu Seoul Central District Court in Seocho-gu, Seoul, by means of a computerized entry of “the total number, class, and number of shares issued” in the column of “the total number of shares issued, the total number of shares issued, the number of shares issued, the number of shares issued, the number of shares issued, the number of shares issued, and the number of shares issued,” and “the total amount of the capital” into a computerized entry of “the total amount of KRW 90,000,000,000,000” into the commercial registry of the original of a notarial deed, and made the registered official enter the false entry in the register of the original of a notarial deed as stated therein, and exercised the register by allowing it to keep the register of shareholders at that time.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. E prosecutorial statement;

1. G 1. The statement;

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