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(영문) 서울중앙지방법원 2016.11.29 2016고단5313
주식회사의외부감사에관한법률위반
Text

Defendant

A A shall be punished by fine for negligence of 7,000,000 won, and Defendant B shall be punished by imprisonment for six months.

However, the defendant B.

Reasons

Punishment of the crime

Defendant

B is the representative director of Gangnam-gu D Co., Ltd., and Defendant A is a corporation established for the purpose of trade business, etc.

1. Defendant B

(a) A stock company whose total assets as at the end of the immediately preceding business year are at least 12 billion won shall appoint an auditor within four months from the commencement date of each business year;

Although the total amount of assets of A at the end of the business year 2013 as KRW 75,371,783,692, the Defendant did not appoint an auditor without justifiable grounds from July 1, 2014, which was the starting date of the business year 2014 to October 31, 2014.

(b) Where a stock company whose total amount of assets as at the end of the immediately preceding business year exceeds 12 billion won fails to appoint an auditor within four months from the commencement date of each business year, the Securities and Futures Commission may request the company to appoint an auditor designated by the Securities and Futures Commission as an

The Defendant failed to appoint an auditor as described in the preceding paragraph by the Securities and Futures Commission, and the Financial Supervisory Service entrusted by the Securities and Futures Commission with the business of appointing an auditor on January 14, 2015 requested the said company to appoint the said corporation as an auditor on January 14, 2015, but did not comply with the said request by January 30, 2015 without justifiable grounds.

2. The Defendant A, a representative director of the Defendant, committed each of the offenses against the Defendant’s business, as described in paragraph (1) above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect B;

1. Each police statement made to F, G, and H;

1. Investigation report (verification as to whether an external auditor is appointed by phone call to the I staff member of theA);

1. A investigation report (Attachment to the representative of the A company B, telephone conversations, and copy of the register of A), and a copy of the register (A);

1. Accusation against a charge of violating the Act on External Audit of Stock Companies;

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