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(영문) 전주지방법원 2018.05.31 2018고단430

상법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On April 28, 2016, the Defendant was sentenced to a suspended sentence of three years on May 10, 2016 by imprisonment with prison labor for a violation of the Electronic Financial Transactions Act, etc. at the Jeonju District Court, and the said judgment became final and conclusive on May 10, 2016. On August 31, 2017, the Chuncheon District Court sentenced a suspended sentence of two years for imprisonment with prison labor for the same crime, etc., and the said judgment became final and conclusive on September 8, 2017.

[Criminal facts] On November 2015, the Defendant established a false legal entity with a pro-friendly C, and opened a number of accounts in the name of the legal entity and received passbooks, etc., and intended to transfer them to the person related to the name-free sports gambling site.

1. On November 19, 2015, the Defendant in violation of the Commercial Act, in collusion with C, submitted the most false receipt to enable C to make a registration for incorporation of the said company, and completed the registration for incorporation of the said company, thereby pretending to pay KRW 20,000,000 investment, by having the employees in charge of the name of the D office of a certified judicial scrivener file a report on the registration of incorporation of a limited liability company E, in collusion with C. Around November 19, 2015.

2. In the event of an electronic record, such as a false entry, false entry, and false electronic record, in collusion with C on November 19, 2015, the Defendant reported a false fact with respect to a public official and made an employee under the name of the said certified judicial scrivener office to report the establishment registration of a limited company E, such as the statement in Paragraph 1, and had the employee under the name of the said certified judicial scrivener office submit documents, such as articles of incorporation, records of general meeting, written acceptance for taking office, certificate of seal impression, etc. along with false receipts similar to Paragraph 1, and recorded “5,00 won per contribution, total amount of capital KRW 20,000,000,000” in the commercial register, an electronic record, which is an electronic record, to record the false fact with respect to the public official and keep it at that time.

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