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(영문) 대전지방법원 2017.05.18 2016고정286
상법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant, on May 2012, assumed office as a inside director of a corporation C around the same year.

9. A person who has served as a representative director from 26. to 26. D is a person who had served as a representative director on May 2012 after having served as the representative director of the said company on September 26, 2012 and served as a director from May 2013.

1. Joint crimes with D;

A. On May 2012, the Defendant in violation of the Commercial Act and D established a corporation that operates a business of dispatching overseas entertainers, such as the Philippines, to domestic hotels, with intent to register the incorporation of the corporation by promptly withdrawing and repaying the issuance price of the stocks after raising them with bonds and paying them with the bonds.

On April 2012, the Defendant and D borrowed KRW 200 million for the payment of share capital from a non-registered bond company under the name of the name of the name of the master and around May 7, 2012. On May 7, 2012, the Defendant deposited KRW 200 million from a branch office located in Yongsan-gu Seoul Metropolitan Government and issued the certificate of deposit of share capital to the above bank, and then withdrawn the above KRW 200 million from the next day and repaid to the above bond company.

As above, the Defendant conspiredd with D to make the payment of share capital.

B. On May 9, 2012, the Defendant and D, at the registry office of Suwon District Court located in Giwon District Court located in Gi-ro 7 of the wife population in Gi-si in Gi-si, Gi-si, Gi-si, Gi-si, the Defendant and D applied for registration of incorporation of the corporation, attaching a certificate of deposit of shares issued as described in paragraph (1), which is not known to the fact.

Accordingly, the registration official who is not aware of the name of the fact has completed the registration of incorporation by entering C's capital in the corporate registry as KRW 200 million.

As above, the Defendant and D conspired a public official to make a false report to enter false facts in the commercial register, which is the original copy of the process deed, and exercised it immediately by having the public official keep it in such place.

2. The defendant.

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