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(영문) 대전지방법원 천안지원 2014.05.01 2014고단312
상법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Commercial Act is serving as the representative director of a stock company B from December 3, 2012.

On December 3, 2012, at around 10:31, 2012, the Defendant deposited 100 million won as shares payment from C at the same branch of the Korea Exchange Bank at Yangdong, Seocho-gu, Seoul, and received a certificate of deposit balance from the said bank.

On December 3, 2012, around 15:00 on December 3, 2012, the Defendant: (a) completed the registration of establishment of a corporation B’s capital at the Daejeon District Court’s Branch Office of the Daejeon District Court located in 17-ro 7-gil, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon-gu, with the above deposit balance certificate at the Daejeon District Court’s Branch Office of the Daejeon District Court’s 100 million won; and (b) returned the said paid capital to C on December 4,

2. The Defendant, on December 3, 2012, filed an application for registration of incorporation of a stock company with a certificate of deposit balance attached to the public official of the said registry, who is aware of the fact at the Daejeon District Court Branching Branching Office of 17-gil, 7-gil, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon, for a registration of incorporation, around 15:00 on December 3, 2012.

Accordingly, the above registrar who is aware of the fact was computerizedized in the register of the stock company of the above company in 20,000 shares and the total amount of the capital 100,000 won.

Accordingly, the defendant made a false report to a public official, and made it recorded false facts in the stock company register, which is the same electronic records as the original copy of a notarial deed.

3. The Defendant, at around that time, exercised the above Daejeon District Court’s jurisdiction by requiring the said Daejeon District Court’s astronomical support registry to keep the above register of the stock company with a false record as described in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Written accusation of D;

1. A certified copy of all the registered matters (B), a business registration certificate (E) copy, a list of transactions (E) copy, a copy of each deposit passbook, a copy of each application for registration of incorporation, and a copy of a stock company;

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