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(영문) 대구지방법원 김천지원 2013.09.06 2012고합17
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Around June 18, 2009, the Defendant violated the Commercial Act, as the representative director of the FF for the purpose of business such as real estate lease management consulting (hereinafter “F”), paid out the total amount of KRW 400 million borrowed temporarily through the Young-si, Seoul Special Metropolitan City, Seoul Special Metropolitan City, by pretending it to the FF share capital, and then withdrawing the share capital and then repaying it to G. Around July 1, 2009, the Defendant paid out the total amount of KRW 400 million borrowed temporarily from H and I as the share capital, from the same agricultural cooperative around July 1, 2009.

As a result, the defendant pretended to pay shares.

2. On June 19, 2009, the Defendant submitted documents necessary for the FF’s capital capital increase, such as a certificate of payment of shares, etc., to the person in charge of the affairs in question, who received 40,000 shares of 10,000 shares per share, in the Daegu District Court, Kimcheon-gu Office, Kimcheon-gu Office, and in the absence of registration of shares as set forth in paragraph (1), even if he received the disguised payment of shares, and submitted documents necessary for the FF’s capital increase, such as a certificate of payment of shares, to the effect that 10,000 shares per share were acquired at the same registry office around July 2, 2009, and submitted documents necessary for the FF’s capital increase, such as a certificate of payment of shares of 40,000 shares for 10,000 shares per share, and had the person in charge of the affairs in question enter the changes in the total number of shares issued and total capital in the corporate electronic registration system, the same as the original commercial register.

As a result, the defendant had the person in charge of the affairs of the non-registered office in Daegu District Court Kimcheon-gu enter false facts in the public electronic records, and had the person exercise the public electronic records containing false facts.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each prosecutor's protocol of statement concerning J, I, H and G;

1. Written Statement;

1. Prosecution investigation report F.

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