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(영문) 울산지방법원 2013.08.09 2013고정666
상법위반등
Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fines, 50,000 won.

Reasons

Punishment of the crime

Defendant

A and D conspired to establish a stock company by pretending payment of stock price with Defendant B and G for the purpose of participating in the public tender of security cleaning services, such as the Fcondo and hotel scheduled to be conducted by Eriman in early 2012.

1. On October 201, Defendant B in violation of the Commercial Act received a request from Defendant A to create a stock company by means of the best payment made by Defendant A at the end of the year 201. On November 2, 2011, Defendant B, as the representative promoters of the incorporation of G, deposited KRW 50 million in the new bank H account in the name of G, and was issued a balance certificate at the new bank’s annual premium point located in the city Y-dong, Busan.

Defendant

B prepared an application form for registration of incorporation of J Co., Ltd. (D) which recorded three persons, such as G and D, and I, who are the nominal holders of the said account on the same day, and submitted to the Busan District Court's office near the same Dong-gu Busan District Court to have K file an application for registration of incorporation with the registry office in Ulsan-gu, Ulsan District Court's office in the same Dong-dong, and paid the total sum of the above balance to the non-registered bond holders on the following day.

2. On November 2, 201, the registry office of the Ulsan District Court in Ulsan District Court in order to require the above K to submit necessary documents for the registration of incorporation attached with the certificate of most recent balance to J Co., Ltd. as stated in the preceding paragraph, such as the false entry in the original of the notarial deed, the Defendants in the original of the notarial deed, and D, and the said public official to enter false facts in the commercial register of the notarial deed, including the total number of shares issued and total amount of shares issued by the said K Co., Ltd., and from that time, he/she had the above registry office keep the said commercial register stating false facts in the above notarial deed.

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