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| TITLE | [Violation of the Act on the Aggravated Punishment..]Supreme Court Full Bench Decision 2003Do7645 Delivered on June 17, 2004 [full Text] |
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| Summary | |
| [1] Where share capital paidin with borrowed money is withdrawn and used to repay the borrowed money right after a registration of incorporation or a registration of capital increase, whether j a crime of Untrue Entry in Officially Authenticated Original Deed, k a crime of Uttering of Untruths Entered in Officially Authenticated Original Deed, and l a crime of Occupational Embezzlement can be established in addition to a crime of Disguised Payment under the Commercial Act (j, k : affirmative, l : negative) [2] Where foreign convertible bonds (hereinafter ""CBs"") are publicly offered with a separate contract by domestic investors for repurchasing CBs from foreign investors, the initial underwriters, whether an obligation of submission of statement regarding the issue of valuable securities under Article 8(1) of the Securities and Exchange Act is admitted (negative) [3] The meaning of ""a person in charge of others' business"" as a perpetrator of a crime of Breach of Trust | |
