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(영문) 대구지방법원 2015.05.21 2013고단14
상법위반등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of eight million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

[2013 Highest 14]

1. The point of the lump sum payment on February 23, 2010;

A. The Defendant in violation of the Commercial Act established the K-ro, E-ro, and the capital of KRW 100,000,000,000,000,000 from E, etc., with promoters as the Defendant and the location of the Daegu-gu, in order to promptly withdraw the share price and pay the said borrowed amount.

On February 23, 2010, the Defendant borrowed KRW 30 million from E, from H, KRW 20 million from H, and KRW 30 million from H, and deposited KRW 80 million from I into the share capital payment to G. The Defendant filed an application for the registration of incorporation with the registry office of the Daegu District Court for the registration of incorporation with the registry office of the Korea District Court on the same day. On February 24, 2010, the Defendant, around February 24, 2010, remitted the above bank’s paid-in capital of KRW 20 million to H, KRW 30 million, and KRW 30 million from the said bank, respectively, and, around February 25, 2010, remitted the borrowed capital of KRW 30 million,000,000,000,000,000,000,000,000 from the next date, to E.

B. On February 23, 2010, the Defendant entered the authentic copy of a notarial deed in the registry office of the Daegu District Court submitted documents necessary for the application for the registration of incorporation of G to the K-gu District Court, and made a public official in charge, who may know of the circumstances, enter the total number, type, and number of shares issued in the commercial register to G, the original copy of a notarial deed, into “10,000 shares issued, 50,000 shares issued,” and the total amount of the capital in each column.

Accordingly, the defendant stated false facts in the commercial register, which is the original copy of the notarial deed.

C. The Defendant had a public official in charge, who is aware of the aforementioned circumstances at the above time and at the above place, keep the above commercial register, which is the original copy of the authentic deed, and exercised it.

2. The point of the best payment on October 26, 2010;

A. The defendant, as the representative director of G in charge of the dispute resolution, has increased the company's capital, and has borrowed funds necessary for the increase of the capital from J in charge of the dispute resolution.

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