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(영문) 서울남부지방법원 2014.08.22 2014고합142
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

After Defendant A’s establishment of G Co., Ltd. (hereinafter “G”) by making a disguised payment of capital by lending capital to another person, Defendant B and Defendant A acquired real estate by deceiving another person, and Defendant B provided it as security to the mother supply company, by deceiving the mother supply company using the existing credit of Defendant B, thereby deceiving the mother supply company, and Defendant A conspired to divide the amount generated by dumping disposal.

1. The Defendants violating the Commercial Act, along with H, as the representative director in the name of G, lent KRW 100 million to the account in the name of H around April 24, 2012. On the same day, the Defendants deposited shares in the account in the name of H, which is the payment account for the G stock price, issued a certificate of deposit of shares at a branch of the bank located in the Gangnam-gu Seoul Metropolitan Government Yang Jae-dong on April 25, 2012. On April 25, 2012, following the completion of the registration of incorporation in the registry office of the Seoul Central District Court located in Seocho-gu, Seocho-gu, Seocho-gu, Seocho-gu, Seoul Metropolitan City District Court, the said KRW 5.7 million out of the said KRW 100,000,000, which appears to be a clerical error of “5.7 million”

the withdrawal and return were made to I et al.

As a result, the Defendants pretended to pay G capital in collusion with H.

2. The Defendants, along with the foregoing H on April 25, 2012, shall submit to the public official in charge of registration application documents for incorporation registration, accompanied by a certificate of stock payment, etc. issued as stated in paragraph (1), from the registry office of the Seoul Central District Court at the above Seoul Central District Court, to the public official in charge of registration, who may be in charge of being aware of such fact, to submit the application documents for incorporation registration to the public official in charge of registration, and to have the public official in charge of being in charge of being in charge of being in charge of registration, “G Co., Ltd.”, “10,000 won”, “total number of issued and outstanding shares, 10,000 common shares, and 10,000 won”, and “the total amount of capital” in the respective column, respectively.

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