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(영문) 제주지방법원 2018.12.19 2017고단1785
산림자원의조성및관리에관한법률위반등
Text

Defendant

A, B, C, D, F, and G shall be punished by a fine of KRW 3,00,000.

Defendant

A, B, C, D, F, and G are subject to the above penalties.

Reasons

Punishment of the crime

violation of the Commercial Act, false entry of the original copy of the deed of process, and the exercise of the original copy of the deed of process entered falsely.

1. Defendant A in violation of the Commercial Act was the promoters and representative director of H, and around June 3, 2015, Defendant A pretended to pay the capital of H by withdrawing the share capital from a corporate bank on June 4, 2015 and returning it to the above bearers by depositing KRW 50,000,000 to the share capital payment account (Account A and account number: Enterprise Bank N).

2) On June 3, 2015, Defendant A, a false statement in the original copy of the process deed, and Defendant A, a registry of the Seoul Southern District Court located in Yeongdeungpo-gu Seoul District Court, Yeongdeungpo-gu, Seoul District Court, Seoul, and even though it was believed to have paid the H shares capital, Defendant A, through a certified judicial scrivener who is aware of the fact, applied for the registration of establishment of the matters concerning the shares issued by H and total amount of capital, etc. of H, and had the public official of the above registry completed the registration of establishment and kept the corporate registry immediately.

Accordingly, the Defendant made a false report to a public official to enter false facts in the register, which is the original copy of a fair deed, and around that time, exercised each time by allowing the public official to keep the register stating false facts.

2. Violation of the Commercial Act 1) Defendant D, as promoters and representative director of K, Defendant F, and Defendant G’s office clerk, in collusion with the following: (a) around August 26, 2015, the amount of KRW 300 million paid-in capital to K was deposited from O to the account of payment of share capital (in the case of account share: D, account number:P union Q) and deposited into the account of payment of share capital; and (b) the certificate of deposit of share capital from each other of the remaining branches of the P union.

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