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(영문) 광주지방법원 2020.08.13 2020고단1416
상법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, upon receiving a proposal from a person with no personal name, proposed that “if a corporation establishes a corporation and send an account, he will cause the loan or pay the consideration, by establishing a false account in the name of the corporation without intent to operate the corporation, and raising the means of access connected to the said account in the name of the person with no personal name.”

1. According to the above public offering in violation of the Commercial Act, in order to make 50 million won of corporate capital deposited on or around the beginning of June 2019 as if it had been deposited, the person in default of name requested B (former name: C) to issue a balance certificate, and B deposited 50 million won in his corporate bank account (D) around the 3th of the same month, and issued a balance certificate stating 51,125,683 won from the corporate bank on or around the 5th of the same month following the issuance of a balance certificate stating 51,125,683 won from the corporate bank, and the Defendant issued a balance certificate of the above account through the name in default boxes, and then, on the 11th of the same month, submitted the said balance certificate as if the corporate capital was paid to the registration office of the Gwangju District Court located in Seo-gu, Seo-gu, Gwangju District Court as a director, and submitted the said balance certificate as if the corporate capital was paid.

Accordingly, the defendant, in collusion with the person who was unable to obtain his name, committed the act of pretending the payment of corporation capital.

2. On June 1, 2019, the Defendant: (a) entered the minutes of the promoters’ general meeting, articles of incorporation, and the above balance certificate, etc. necessary for incorporation from a person who was unaware of his name; and (b) around November, 11:37 of the same month, the Defendant submitted to the public official in charge of registration of incorporation the application document stating the contents of “mutual name: Co., Ltd. E; (c) one stock amount: 5,000 won; (d) the total number, types, and number of shares issued; (e) the total number of shares issued; (e) 10,000 shares; (f) the total number of shares issued; (f) 10,000 shares; and (f) the amount of capital: 50,000,000 won.

However, the Defendant stated in the above paragraph (1).

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