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(영문) 대전지방법원 2020.05.15 2019고단5143

상법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In June 2018, the Defendant received money from Party B, a middle school pilot, and his seat, “C”. He heard that she would create a bank account in the name of a legal entity and transfer the bank account to Party C, and that she would make 90,000 won per head of the Tong, if she can confirm the balance of the account, she would make 10,000 won per head of the Tong. In response, in July 2018, the Defendant tried to establish a floating corporation for the only purpose of opening the bank account in the name of a legal entity without the intention to actually operate the limited company E with the purpose of electronic commerce as to D and clothing retail business with the purpose of e-commerce as to a limited liability company and clothing retail business with the purpose of operating the bank account.

1. Violation of the Commercial Act, false entry into public electronic records, and public or private electromagnetic records;

A. A. Around August 10, 2018, the Defendant filed an application for registration of incorporation of a limited company with the head office of the Suwon District Court, which is located at the court of Busan Metropolitan City, for registration of incorporation of the limited company, with the public official in charge of the establishment of the corporation, including an application for registration of incorporation of a limited company and an investment certificate, and filed an application for registration of incorporation of a limited company with the content of “D” with the competent public official, “F buildings, G, and one unit of investment in Gyeonggi-do,” “gold KRW 1,000,000,” “total amount of capital,” and “director A”.

However, since there was no fact that 2,000,000 won was paid, the above certificate of investment was forged fraudulently, and the defendant did not intend to operate the above company as business purpose.

The Defendant applied for the registration of incorporation of a limited liability company as above and had a public official in charge know of the same date enter and keep the above insolvent facts in the corporate registration computer system, which is a public electronic record.

Accordingly, the defendant pretends to pay contributions, and makes a false report to the public official, and is the same as the original of a notarial deed.

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