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(영문) 서울남부지방법원 2013.05.01 2013고단587
상법위반등
Text

Defendant

A shall be punished by a fine of 15,00,000 won, by imprisonment of 8 months, and a fine of 3,000,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of I Co., Ltd. 603 and 604 in Mapo-gu Seoul Metropolitan Government H building, the representative of K Lending Business in Jung-gu Seoul Jung-gu, and the defendant C is the employee of the Mad Judicial scrivener Office in Jongno-gu Seoul Metropolitan City L Building 428.

The Defendants conspired to offer capital increase and registered the capital increase by borrowing KRW 4.5 billion from the capital increase to the above B, and by obtaining a certificate of custody of the stock payment to the principal bank, and the said money was withdrawn and conspired to return to the above B.

1. On May 11, 201, Defendant A violated the Commercial Act: (a) requested Defendant B, who became aware of an Internet advertisement, to file an application for the payment of 60,000 common shares (4.5 billion won) and registration of alteration thereof; (b) paid 1% of the said shares to Defendant B with fees; and (c) ordered Defendant B to register the change following the capital increase due to the establishment of a national bank (N) under the name of the said company on May 12, 201; and (d) Defendant C transferred the said KRW 4.5 billion deposited after opening the bank’s account under the name of the said company to a separate bank opening branch; (c) received a certificate of deposit of shares from the said bank; and (d) immediately withdrawn the said money and then withdrawn it from the said national bank to BNN by transferring it to the said bank account.

As a result, the Defendants conspired to make a disguised payment.

2. The Defendants conspired to make false entries in public electromagnetic records, etc. and the same events on May 13, 201, and the Seoul Central District Court registered in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seocho-gu, Seoul. The fact is as follows: (a) documents necessary for the registration of capital increase with new shares, such as a false “certificate of stock payment custody,” etc. to the effect that the total amount of the stock price was deposited despite the fact that

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