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(영문) 춘천지방법원 강릉지원 2016.02.04 2015고정401
상법위반등
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. A;

A. The Defendant in violation of the Commercial Act was a director of the company B located in Gangnam-si, Gangnam-si, and the amount of KRW 210,000,000,000 out of the shares of the said company was temporarily borrowed from the Defendant’s external third village D and paid to the financial institution, but was thought to be immediately withdrawn after the Defendant’s application for registration of construction business, and 70,000,000 won was thought to have been withdrawn by the above method and used as the pre-sale fund of the apartment house under the name of the Defendant, and thus, there was no intention to pay the shares solely.

Nevertheless, the Defendant paid KRW 210,000,000 in total, including KRW 50,000,000 and Defendant’s money of KRW 160,00,000,000 borrowed from the above D, and issued a certificate of balance of KRW 210,00,000,00 in the name of Defendant’s wife E, the representative director of the said corporation, at the location of the Sungnam-dong Central Federation of the 4th-ro Seoul Central Federation, Gangnam-dong, 2012.

On January 10, 2012, the Defendant: (a) registered the establishment of a legal entity that made the total capital amount of 210,000,000 won with the above balance attached to the registration division of Chuncheon District Court Branch Branch Branch Branch Branch of 3288-18, and (b) withdrawn KRW 50,000,000 on February 15, 2015 to the account in the name of the Agricultural Cooperative Federation for the registration of the construction business and repaid to the said D; and (c) withdrawn KRW 70,000,000 to withdraw KRW 70,000,000 to use it as the pre-sale fund in the name of the Defendant.

B. On January 10, 2012, the Defendant at an event, such as a false entry in a public electronic record, and a false electronic record, filed a false report with the public official by filing an application for registration of the establishment of a corporation with the aforementioned Chuncheon District Court’s Gangseo branch support division. In filing an application for registration of the establishment of the said corporation B, a registration official who is unaware of the aforementioned payment of the share capital, shall submit to the registry official a certificate of the custody of the share payment issued in disguise of the share capital and relevant documents, and make the applicant enter “2,10,000,000” in the total amount of capital in the commercial electronic data processing system.

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