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(영문) 부산지방법원 동부지원 2019.02.12 2017고합242
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

[Criminal Justice] On September 25, 2015, the Defendant was sentenced to imprisonment with prison labor and one year and six months at the Busan District Court on September 25, 2015, and the judgment was finalized on February 5, 2016.

【Criminal Facts】

On December 23, 2013, the Defendant: (a) around December 23, 2013, the Busan Urban Corporation was designated as “E (12,00 square meters, total floor area of 450 stores)” (hereinafter “E”) a commercial facility district located in “C Complex” located in “C Complex”; (b) concluded a contract to purchase two lots of land for the project site “E” from the Busan Urban Corporation for purchase of KRW 14.5 billion (8,242 square meters) and paid the down payment of KRW 1.45 billion; and (c) promoted the construction of a new commercial building by establishing and operating the Company G that succeeded to F on October 2, 2014.

1. The Defendant in violation of the Commercial Act was willing to increase the capital of the said corporation G by borrowing money from outside of the company G to pay the borrowed money immediately after paying the paid-in capital and repaying the borrowed money.

Accordingly, around October 24, 2014, the Defendant deposited KRW 80,000,000 from K representative director L from the J branch of the I Bank in Busan Nam-gu, Busan, as the payment for the stock price of 80,000 capital to G Co., Ltd., and submitted a certificate of payment custody of the stock price from the above bank to Busan District Court and registered the capital increase.

On October 28, 2014, the Defendant withdrawn 800 million won of the shares paid as above at the point of Nam-dong, Nam-gu, Busan, and returned to L.

Accordingly, the defendant, as the representative director of a corporation, proposed the payment of shares.

2. The charges in this part of the facts charged of the previous entry into the public electronic records, etc., and the false entry into the public electronic records, etc., are stated as follows: “The fact of the mistake was entered in the commercial register, which is the original copy of the notarial deed, and the commercial registration was exercised by having the commercial register kept in the said false entry.”

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