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(영문) 춘천지방법원 강릉지원 2016.04.08 2016고정22
상법위반등
Text

Defendant shall be punished by a fine of four million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant, as the representative director of C, who was in violation of the Commercial Act, committed the crime of violation of the provisions of the Commercial Act, was the representative director of C, who was aware of the capital required for the establishment of the said corporation through the branch, and repaid the borrowed money after the temporary loan of shares from D. However, for the registration of the establishment of the corporation, the Defendant decided to incorporate D in the form of the promoters by paying the borrowed money.

On February 25, 2014, the Defendant deposited KRW 200,000,000 from D to one bank account under his own name and received a certificate of balance issued via E, at one bank account located in Jung-gu, Seoul, Seoul, the Defendant filed an application for registration of incorporation of a corporation with the total capital of KRW 200,000,000,000 with C at three-lane 16-17, a third party office of the Chuncheon District Court on the same day along with the above certificate.

However, the facts are that D is not the actual promoters of C, and the above loan amount of KRW 200,000,000 has not been actually used as capital of the above company.

Accordingly, the defendant committed the act of pretending the payment of capital.

2. On February 25, 2014, the Defendant: (a) filed an application for registration of the establishment of a juristic person of the said Chuncheon District Court (U.S.) on February 25, 2014; and (b) filed an application for registration of the establishment of a juristic person of the said C, the F.C. (F.) required a public official to submit a certificate of the storage of shares payment received by pretending the payment of the share price as above and relevant documents to the registry official who is aware of the circumstances; and (c) required the public official to make a false report to the public official stating “20,000,000 won” in the amount column of the capital on the computerized information processing system of the commercial registry; (d) required the public official to enter false facts in the electronic records system of the commercial registry; and (e) required the public official to keep it at the same place around that time

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;

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