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Back知名主廚詹姆士因驗資不實被判刑5月緩刑2年
知名主廚詹姆士因驗資不實被判刑5月緩刑2年
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自由时报2 hours agoCrime2 min readChinaView translation

知名主廚詹姆士因驗資不實被判刑5月緩刑2年

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知名主廚詹姆士(鄭堅克)因於2016年設立「詹醬」公司時涉嫌驗資不實,被士林地方法院判處有期徒刑5月,緩刑2年,並須支付國庫12萬元。

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Why It Matters

詹姆士於2016年9月在台北市成立「詹醬有限公司」,驗資當天以三人名義存入共計200萬元,但隔天即全數提走,被檢方指控違反公司法驗資不實罪。

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〔記者吳昇儒/台北報導〕知名主廚「詹姆士」(本名鄭堅克),被控於10年前設立「詹醬」公司時涉嫌驗資不實,驗資當天存入資本額帳戶的資金,隔天就提走,被依違反公司法等罪起訴。法官審理時,詹姆士認罪,希望從輕量刑並給予緩刑機會。士林地院近日審結,認定詹姆士違反公司法中的未繳納股款罪,判處有期徒刑5月,緩刑2年,並支付國庫12萬元。

士林地院近日審結,認定詹姆士違反公司法中的未繳納股款罪,判處有期徒刑5月,緩刑2年,並支付國庫12萬元。(記者吳昇儒攝)

檢方調查,詹姆士於2016年9月在台北市成立「詹醬有限公司」,同月19日以張、蘇、翁姓3人名義各存入154萬元、16萬元、30萬元(共計200萬元)至詹醬的資本額帳戶提供驗資。未料,驗資通過後,隔天下午資金即全數匯出。檢察官偵訊後,認為詹姆士已涉犯依公司法驗資不實罪,依法提起公訴。

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士林地方法院首次開庭時,詹姆士當庭承認犯罪,並稱「犯法就是不對,我真的很抱歉」,希望法官審酌他當初犯案的情境,從輕量刑。其辯護律師也指出,詹姆士有持續營運詹醬公司,未造成危害,他當時不知資本額可以往下調整,才借錢驗資,登記後未獲不法利益,非虛假資本人頭公司、詐騙或掏空公司資產的經濟犯罪,請法官採簡易判決處刑,並給予緩刑。

法官認為,詹姆士考量選擇從事商業經營,自應與其他經營者同樣遵守公司法令,依公司實際資本需求誠實出資並據實辦理登記,卻佯稱應收股款業已收足,據以申請公司設立登記,已妨害主管機關對公司登記及資本查核的正確性,且有違公司法維護公司資本真實及交易安全的規範目的,也可能增加交易相對人判斷公司資力時的潛在風險。

審酌詹姆士犯後坦承犯行,且告訴人於庭後並具狀表示,雙方業已達成和解,就彼此間之糾紛取得共識,同意從寬處理;及考量其犯罪動機、目的、手段、虛偽出資金額等情狀,判處詹姆士有期徒刑5月,得易科罰金,緩刑2年,判決確定6個月內須支付國庫12萬元。

Open Questions

  • 詹姆士是否會繼續經營詹醬公司?
  • 此案是否會影響其他創業者對公司法規的遵守?

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