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(영문) 대전지방법원 천안지원 2017.06.09 2017고단823
상법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant accepted the proposal that "the defendant would establish a corporation without any entity registered as representative director, open a large number of accounts in the name of the company, and transfer the passbook, physical card, etc. connected to the account" from B.

Accordingly, the Defendant solicited the public officials in charge to enter false facts about the total number of issued stocks and the total amount of capital in the electronic records, such as the corporate register, which is the original copy of a process deed, by issuing the certificate of balance as if there was money equivalent to the capital in the accounts under B and the Defendant’s name, and submitting the certificate of balance to the registry.

1. The Defendant violated the Commercial Act in collusion with B, even though the Defendant, the representative director of C and D, did not have paid KRW 10 million for the share capital, the Defendant deposited KRW 10 million in the name of the Defendant’s name in the National Bank account (E) at the branch office of the National Bank on February 23, 2016, and received a certificate of balance from the said bank, and returned KRW 10 million to the account designated by B as of February 24, 201, and the amount of KRW 45,000,000,000,000,000 from the Daejeon District Court registration of the Daejeon District Court located around the 25th of the same month, Seo-gu, Daejeon, Seo-gu, Daejeon, with the above balance certificate, completed the incorporation registration of a corporation with KRW 10 million for the total amount of KRW 3,00,000,000,000 for capital of KRW 62,00,000.

Accordingly, the Defendant pretended to pay the share capital of C and D Co., Ltd.

2. An event, such as a false electronic record, an electronic record, etc., and a false electronic record;

A. The Defendant involved in the crime related to C, in collusion with B, was Daejeon District Court 45, 78, ro-ro, Seo-gu, Daejeon, Daejeon, on February 25, 2016.

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