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(영문) 대구지방법원 서부지원 2017.12.19 2017고단1089

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

[Fact-finding] The Defendant was sentenced to eight months and four months of imprisonment with prison labor due to false entry, such as electronic records, in the Seo-gu District Court’s branch branch on February 2, 2017, and was currently pending in the appellate trial at the Daegu District Court) along with the capital stock, thereby creating a “age-long corporation” by means of the most payment, etc., and subsequently opening a passbook in the name of the corporation and selling the passbook to those who need another person for committing the crime, such as singinging, etc. after opening the passbook in the name of the corporation.

[Criminal facts]

1. Establishment of old-age corporations;

A. On June 1, 2016, the Defendant committed the crime related to C, along with B, deposited KRW 5 million in the account in the name of the Defendant under the name of “C” (hereinafter referred to as “C”) for the purpose of wholesale and retail of clothing, which was raised by B at the Hasan branch located in Busan Agricultural Co., Ltd. (hereinafter referred to as “C”), and issued a certificate of deposit of stock payment from the said bank. On June 15, 2016, the Daegu District Court: (a) prepared documents necessary for the registration of incorporation, such as the “representative director”; (b) written an application for registration of incorporation of C, which was written in the name of the Defendant’s resident registration, “B,” and (c) submitted to the public official in charge of being aware of the fact, and made the said public official enter and preserve the same in the registration book of C corporation in the electronic information system of electronic records, and immediately withdrawn KRW 5 million in the name of the aforementioned deposit money.

In collusion with B as above, the Defendant pretended to make payment of five million won for C stock price, and did not establish a corporation called C, but filed a false report with respect to a public official, thereby having recorded false facts in the register of a juristic person which is an electronic record, and exercised the same.

B. The Defendant committing the crime related to D, together with B, is the Defendant who was the representative director and “D” (hereinafter referred to as “the Defendant”).