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(영문) 대구지방법원 서부지원 2018.09.05 2018고단118
상법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2013 to October 2017, 2017, lent funds raised from himself/herself and his/her branch to the company representative, etc. requiring the issuance of a balance certificate, and then, the withdrawal of funds deposited in the account is limited on the day the balance certificate is issued. Thus, the Defendant is a person who is engaged in a non-registered loan business by returning the balance certificate issued in order to deposit the funds on the same day.

On September 2014, F, a joint operator of E and D, a representative director of D, referred to the necessity of the increase in the capital of D in order to obtain a loan from financial rights to G, a remodeling construction business operator, in the course of negotiations for factory remodeling construction work, which is a Co., Ltd., and G is responsible for and raised KRW 300 million.

In other words, the Defendant agreed to use funds raised from others as the capital increase price of a corporation and immediately repay them, and the Defendant has maintained friendship for a long time.

G received a loan of KRW 300 million from the most paid capital increase, and immediately accepted it.

F on October 6, 2014, at a coffee shop, Daegu-gu, Daegu-dong, Daegu-gu, AFFFF issued documents, such as the seal impression, identification card copy, and business registration certificate necessary to open a corporate name account, to E, and E issued all documents necessary for opening a corporate name account in the name of the F, which was transferred to G at the above branch office, by the Defendant at the above office of the branch office, and the Defendant issued the balance certificate to E by opening the Agricultural Cooperative Account in the name of F, Inc. (Account Number: H) in the manner of depositing KRW 30 million for capital increase, and the F issued the balance certificate and the capital increase related to the balance and the capital increase issued by E.

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