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(영문) 제주지방법원 2015.01.14 2014고정1069
상법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant in violation of the Commercial Act was the representative director of the corporation B established for the purpose of general travel business, etc., and was willing to make the payment of the share price of 50 million won by borrowing it from others and withdrawing it from others.

On October 11, 201, the Defendant borrowed KRW 50 million from C, which is the land owner, and deposited KRW 50 million with the agricultural cooperative account (D) in the name of the Defendant at the Doonam-ro 8-gil 2, Jinnam-ro, Jeju-ro, Seoul-ro, Inc. on the same day, and issued a certificate of payment of the shares, and then withdrawn KRW 50 million on October 14, 201, and make payment to the said C, thereby pretending to pay KRW 50 million.

2. On October 12, 201, the Defendant entered false information in the authentic copy of the authentic deed and the unlawful entry in the authentic deed in the original copy of the authentic deed in the registry of the Jeju District Court. On October 12, 201, the Defendant submitted documents related to the application for the establishment registration of the said juristic person, such as a certificate of the balance of the share capital payment, which was issued by a registry official who is unaware of of the fact, in the total column of the issued shares of the said juristic person, to enter “5,000 shares” and “50,000 won” in the total amount column of the capital, which are the original copy of the authentic deed, as a false report to the public official, and exercised the said commercial register by keeping the said commercial register at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application for registration of incorporation, certificate of deposit/trust balance, certificate of acceptance of stocks, and application of all the registered matters under the statutes;

1. Relevant Article 628 (1) of the Commercial Act, Article 628 (1) of the Commercial Act, Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, the choice of fines for the crimes;

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

1. The Criminal Act for the detention of a workhouse;

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