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(영문) 전주지방법원 2018.05.17 2018고정140
상법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

B is a person who has worked as a standing director after the establishment of the above company with interest on C's promoters for the purpose of manufacturing and selling products using carbon heat, and the defendant is a person who has prepared the capital for the establishment of the above company.

On July 2016, the Defendant and B decided to establish a legal entity because it is favorable to the inflow of funds and tax relations. Defendant A prepared KRW 100 million in response thereto. Of them, Defendant A conspired to receive 50 million won in stock price immediately after proving the payment of stock price.

B around August 4, 2016, the Republic of Korea deposited KRW 100 million received from the Defendant as shares payment of the Company C at the Dak-gu Dak-gu Dakdong-gu Dakdong-si 110-5, the Dakdong-gu Dakdong-si, Seoul, and then received certification of keeping shares payment by using the online corporation establishment system. The Defendant withdrawn KRW 50 million out of the above amount around August 5, 2016, and B completed the registration of incorporation with the content that the capital of the Company C was KRW 100,000 through the online corporation establishment system around August 8, 2016.

By doing so, B performed the act of pretending the payment of capital equivalent to 50 million won for the above company, and the defendant her pretended to pay capital in response to the acts of the above B.

Summary of Evidence

1. A protocol concerning the examination of the police officers against B and the accused;

1. Application of Acts and subordinate statutes to the agreement on the use of funds, a certified copy of the corporate registry (C), a certificate of confirmation of transaction details, a passbook (D in the preceding North Korean bank), a check transfer slip, and a statement of issuance of check in his/her front;

1. Article 628 (2) and Article 628 (1) of the Commercial Act applicable to the relevant criminal facts, and Articles 628 (2) and (1) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to the evidence found prior to the conviction of Article 334(1) of the Criminal Procedure Act, the Defendant lent KRW 100 million to B for the use of the corporation capital and the production of products for the registration of agricultural machinery, and KRW 50 million among them.

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