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(영문) 춘천지방법원 강릉지원 2016.02.05 2015고정400
상법위반등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A or C fails to pay the above fine.

Reasons

Punishment of the crime

1. Joint crimes A and C;

A. Defendant A in violation of the Commercial Act is the representative director of Company B located in Gangnam-si D, and Defendant C is a director of the company, and Defendant C borrowed the capital required for the registration of incorporation of the said company to establish a nominal corporation only for the bid for the construction, and paid the stock price with the stock price, immediately after withdrawing it and paying the borrowed money, offered for the most of the payment of the stock price of the said company.

The Defendants paid KRW 205,90,000 from a financial institution or borrowed money from a branch from a branch on April 27, 2012 at the office of Gangnam Agricultural Co., Ltd. located in Gangnam-si, 178, Gangnam-gu, 201, in the name of A, and immediately obtain a certificate of deposit balance and register the incorporation of a juristic person on May 3, 2012, and the same month.

8. After transferring the capital from A to the head of the said company’s passbook, on June 13, 2012, a diagnostic report on the financial management conditions necessary for registration of construction business was prepared, and subsequently, the act of pretending the payment of capital by collusion by withdrawing KRW 150,000,000 on the 18th day of the same month and repaying the loan and the borrowed money.

B. On May 3, 2012, the Defendants: (a) filed an application for registration of the incorporation of the said stock company B, the Defendants, such as an electronic record, etc., to enter the said date into the “20,000,000 won” in the total amount of capital in the commercial electronic data processing system of the commercial registry; (b) filed a registration of the incorporation of the said company; (c) filed an application for registration of the establishment of the said company B, by submitting to the registry official who is unaware of the circumstances, the certificate of the deposit of shares issued in disguise of the payment of the share capital, and relevant documents; and (d) filed a registration of the incorporation of the said company B; and (d) stored and operated the said public electronic data processing system, which is the commercial register information system, in which the said fraudulent record was recorded.

As a result, the Defendants conspired to act as a public official for the purpose of handling the above affairs.

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