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(영문) 대구지방법원 서부지원 2018.02.08 2017고정326
상법위반등
Text

Defendants are not guilty. The summary of each of the above acquittal judgment is publicly notified.

Reasons

1. The summary of the facts charged is that Defendant B is a corporation established for the purpose of building construction business and facility maintenance and management business, and Defendant A is the representative director of the above corporation.

A. Defendant A (1) The Defendant, as the representative director of the company B in Daegu Seo-gu, in violation of the Commercial Act, was willing to make the payment of the share capital of the said company by temporarily borrowing part of the capital required for the registration of incorporation of the said company from financial institutions and repaying the borrowed money after paying the share capital.

On June 13, 2016, the Defendant: (a) deposited KRW 300,000,000, including KRW 95,000,000 temporarily borrowed from the branch office in Seogu Daegu, Daegu, Daegu, Daegu, 92 at the branch office in the said Daegu, under the name of the Defendant; (b) issued a deposit certificate of KRW 300,000,000 from the said Nonghyup; (c) registered the incorporation of the Defendant; and (d) transferred its capital to the said company’s account on the 20th of the same month; and (c) transferred its capital to the said company’s account;

7. 7. Preparation of a diagnosis report on financial management conditions necessary for registration of construction business, and then withdrawal of 95,000,000 won on the 19th of the same month and make the most possible payment of capital by repaying loans to financial institutions.

(2) On June 13, 2016, the Defendant: (a) had a registry official, who is unaware of the circumstances, submit a deposit balance certificate and related documents issued by pretending the payment of share capital through a certified judicial scrivener F at the Daegu District Court’s registry office located in Daegu Dong-dong-gu, Daegu District Court’s 212 on June 13, 2016; and (b) had a registry official enter the “30,000 shares” in the “total number of issued shares” column of the commercial electronic data processing system; and (c) “amount of capital” column into the “total number of issued shares” column of the commercial data processing system; and (d) had the registration of incorporation of B corporation, “30,000,000 won,” and stored and operated the commercial electronic data processing system, which recorded the above false facts.

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