인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
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개인구독
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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
During the time period of establishing enterprises or issuing new stocks, the crimes of disguising the payment for the subscription price have been widespread these days. Committing of an act of disguising the payment is keenly against the principle of faithful capital and is very likely to affect much damage to stock transferees or involved creditors.
This article mainly researches about the effects of the disguised payment and what kind of criminal liabilities according to the process of committing of relevant acts can be applied under the current laws.
According to the Supreme court decision, the disguised payment for the subscription price is basically valid. It constitutes the crimes of disguised payment under the Commercial Law, forgery of public documents and consummated exercise of forged public documents under the Criminal Law. On the other hand, Supreme court doesn’t agree to the crime of business embezzlement or business misappropriation harming the interests of shareholders or enterprises.
However, the Supreme court’s views on some points can not reasonably be agreeable. The basic view on the disguised payment for the subscription price should be invalid. Thus, criminal liability can be applied to the crimes of disguised payment under the Commercial Law, forgery of public documents and consummated exercise of forged public documents under the Criminal Law. But, it is more reasonable to keep the position not appling the crime of business embezzlement or business misappropriation harming the interests of shareholders or enterprises.
This article mainly researches about the effects of the disguised payment and what kind of criminal liabilities according to the process of committing of relevant acts can be applied under the current laws.
According to the Supreme court decision, the disguised payment for the subscription price is basically valid. It constitutes the crimes of disguised payment under the Commercial Law, forgery of public documents and consummated exercise of forged public documents under the Criminal Law. On the other hand, Supreme court doesn’t agree to the crime of business embezzlement or business misappropriation harming the interests of shareholders or enterprises.
However, the Supreme court’s views on some points can not reasonably be agreeable. The basic view on the disguised payment for the subscription price should be invalid. Thus, criminal liability can be applied to the crimes of disguised payment under the Commercial Law, forgery of public documents and consummated exercise of forged public documents under the Criminal Law. But, it is more reasonable to keep the position not appling the crime of business embezzlement or business misappropriation harming the interests of shareholders or enterprises.
#納入假裝行爲
#資本充實의 原則
#納入假裝罪
#公正證書原本不實記載罪
#不實記載公正證書原本行使罪
#業務上橫領罪
#業務上背任罪
#disguised payment
#principle of faithful capital
#crime of disguised payment
#forgery of public documents
#consummated exercise of forged public documents
#crime of business embezzlement
#crime of business misappropriation
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
- Ⅰ. 序論
- Ⅱ. 納入假裝의 意義와 類型
- Ⅲ. 納入假裝의 效力
- Ⅳ. 納入假裝行爲에 대한 刑事責任
- Ⅴ. 結語
- 【참고문헌】
- 【Abstract】
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2013-360-000704178
