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(영문) 서울남부지방법원 2016.12.21 2016고정2633
공전자기록등불실기재등
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

around May 20, 201, the Defendants conspired to issue 99,900 shares of new shares at the Seoul Central District Court in Seomun-gu, Seoul, Jung-gu and 37-8, Jung-gu, Seoul. The Defendants filed an application for the registration of change of the company with knowledge of the fact that the payment was completed on May 18, 201 by allowing D to alter the total number of shares to be issued by a resolution of a temporary general meeting of shareholders and to issue 9,900 shares of new shares on May 18, 201, while the Defendants issued 99,90 shares of new shares at C, which was operated by the Defendants.

Accordingly, the registration official, who is not aware of the fact, entered the total number of shares issued in the corporate register of the above corporation into a computerized entry so that the registration of the capital amount of KRW 100,000,000 is completed.

As a result, the Defendants conspired to make a false report to the public official to record false facts in the corporate register, which is the same electronic record as the original of the authentic deed, and around that time, the said commercial registry office had it keep the above corporate register in which such false facts were recorded.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect E and statement of statement of F;

1. Application of the certified transcript of corporate register, certificate by membership transaction account, and the Acts and subordinate statutes governing the change of stock company;

1. The Defendants: Articles 228(1) and 30 (a) of the Criminal Act; Articles 229, 228(1), and 30 (a) of the Criminal Act; Articles 229, 228(1), and 30 of the same Act; the choice of fines;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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