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(영문) 대구지방법원 서부지원 2017.12.19 2017고단1093

상법위반등

Text

A person shall be punished by imprisonment with prison labor for four months for each of the crimes listed in the holding of the defendant, and for four months for each of the crimes listed in the holding of the defendant.

Reasons

Punishment of the crime

[Facts] The Defendant was aware of his knowledge

Upon receiving a proposal from B (in the course of the investigation of the party office, the head of Si/Gun/Gu shall offer money if he/she will create an old-age company and transfer the passbook to B, and the head of Si/Gun/Gu shall establish a one-time old-age corporation by means of the most payment of the stock price, etc., and he/she shall open the passbook in the name of the corporation and then received profits

[Criminal facts]

1. Establishment of old-age corporations;

A. On May 4, 2016, the Defendant committed the crime related to C, at the Daegu Young Credit Cooperative Office located in Suwon-gu, Daegu, Daegu on May 4, 2016, deposited the amount of five million won borrowed from B temporarily from B into the account of the Daegu Young Credit Cooperative under the name of the Defendant, and issued a certificate of deposit of the shares from the said bank. On May 11, 2016, the Daegu District Court prepared documents necessary for the registration of the incorporation of C, including the application for the registration of the incorporation of the corporate director “D” as the Defendant’s resident registration, and submitted documents to the public official in charge of being aware of such fact, and made entry and preservation of the same in the registration book of the corporate electronic records of the corporate registration information system, which is the electronic records, into the account of clothes and miscellaneous money, and made a withdrawal of the shares under the name of five million won directly deposited as above.

As above, the Defendant pretended to pay 5 million won of the share capital, and even though there was no establishment of the corporation C, the Defendant filed a false report with respect to the public official, thereby having recorded and exercised the false fact in the electronic records register.

B. On May 4, 2016, the Defendant involved in the crime committed as a business to provide clothing and miscellaneous and retail services in the Daegu Young Credit Cooperative Office located in Suwon-gu, Daegu, and KRW 5 million borrowed from B temporarily.