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Defendant
A shall be punished by imprisonment with prison labor for four months, by a fine of three million won, and by imprisonment with prison labor for one year.
Defendant .
Reasons
Punishment of the crime
[2010 Highest 298]
1. Defendant A and B’s violation of the Commercial Act is the actual representative director of the F, and Defendant B is the nominal representative director of the said corporation. In collusion, in order to make the registration of incorporation of the said corporation F, Defendant A and B paid 400 million won in the capital of the said corporation with the share capital, and had the intent to disguise the payment of share capital in the way of withdrawing
On November 19, 2008, the Defendants borrowed a promissory note of an amount equivalent to 500 million won borrowed from G president H at the Daegu Daegu Branch near the Daegu Daegu East District as collateral from G president, and paid shares to the account for the payment of shares (CF). On the same day, the Defendants applied for the registration of incorporation with capital of the said company 400 million won at the Gyeongsan District Office located in Busan Metropolitan City on the same day after obtaining a certificate of payment custody of shares from the said Nonghyup, and withdrawn the full amount of 400 million won on the same day.
As a result, the Defendants conspired to make up for the registration of incorporation of FF corporation.
2. Defendant A and B’s false entry of the authentic copy of the authentic deed, and the Defendants in collusion with the said Defendants at the Daegu District Court Busan District Court, Busan District Court, around November 19, 2008, which was located in Busan District Court around the same day and around November 19, 2008, by submitting the relevant documents necessary for the registration of incorporation, such as the certificate of deposit of subscription money, to the registered public official’s name, who was unaware of such fact through a certified judicial scrivener’s staff, and thereby making the said registered official enter the false fact in the commercial register, “40,000 total number of issued common shares, 40,000,000,000,000,000,” and at the same time and at the same place, the said registered official kept the commercial register stating false facts.
3. Defendant C’s non-guilty Defendant is in Daegu on July 30, 2009.