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(영문) 제주지방법원 2015.10.21 2015고단1166
상법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who was the representative director of C in the Jeju City B and the first floor.

1. On August 201, the Defendant in violation of the Commercial Act asked D, who had been engaged in credit business in the name of Jung-gu, Seoul, which was known through the advertisement of a lending company, to deposit funds worth KRW 50 million from KRW 5 billion to KRW 500 million in the account in the name of the stock company for a month.

Accordingly, D, around August 31, 201, visited Dong Savings Bank's 189, Dong Savings Bank's dong-dong, Yangcheon-gu, Seoul, and deposited KRW 500 million after opening the above bank account (E) in the name of C, and the Defendant received a certificate of deposit balance of KRW 500 million in the name of C from the above bank.

On September 1, 2011, the Defendant continuously filed an application for registration to change the “total amount of capital” of a stock company C to “gold KRW 505,00,000” from “gold KRW 5,00,000,000” with the Jeju District Court located in Jeju-do five-lane 3, Jeju-si, Jeju-si, and subsequently, concluded the payment of the share capital by withdrawing the total amount of KRW 500,000 to D and returning it to D on September 1, 2011.

2. The Defendant, on September 1, 201, made the disguised payment of the stock price to C at the above Jeju District Court, even though he/she had a registry official, who is aware of the circumstances, made the disguised payment of the stock price to C, the Defendant submitted the documents necessary for the registration of capital increase, such as the certificate of deposit balance, to the effect that 10,000 stock price per share was fully acquired at KRW 50,000,000,000 per share, and had the above registry official submit the documents related to the registration of capital increase, such as the certificate of deposit balance, to the effect that he/she received the total amount of 50,00,000 shares issued by C in the commercial electronic information processing system, the original copy of the public electronic record, from 500

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