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(영문) 서울중앙지방법원 2014.10.22 2014고단6577
상법위반등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Defendants A of the criminal records of the Defendants was sentenced to ten months of imprisonment and two years of suspended execution on May 22, 2013 to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Cheongju District Court on the grounds of the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and Defendant B was sentenced to ten months of imprisonment and two years of suspended execution at the Cheongju District Court on May 22, 2013 and the said judgment became final and conclusive on May 30, 2013. Defendant C was sentenced to one year and six months of imprisonment with labor on the grounds of false entry in public electronic records, etc. at the Seoul Central District Court on January 5, 2011, and the said judgment became final and conclusive on February 25, 2011.

2. Defendants’ violation of the Commercial Act and the false entry of the authentic copy of a notarial deed and Defendant A’s exercise of this event are those who were in-house directors, and Defendant B is those who were in-house directors, as promoters of (ju)D’s name in the name of her father F, and Defendant C is blicker for the best payment of stock price.

The Defendants intended to establish (State) DD for the purpose of investment advisory business and discretionary investment business with G and H’s representative director, and to secure the above 3 billion capital as the minimum amount of its own capital in order to meet the requirements under the law. However, the Defendants attempted to make the said 3 billion capital to secure the company with the capital of 3 billion won and to make the said 3 billion capital difficult due to the difficulties in raising the said capital through normal methods, and to immediately withdraw the said capital and pay the borrowed capital, and to make the said payment for the establishment of the corporation.

Defendants A and B in violation of the Commercial Act shall deliver the seal impressions, certificates of personal seal impressions, etc. necessary for the establishment of (ju)D to the above G and H as promoters, and the above G shall deliver 130 million won of the maximum payment brokerage fees to H. The H shall pay money to Defendant C, a hub for the best payment brokerage, which was known through the Internet, etc.

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