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(영문) 서울중앙지방법원 2020.05.28 2019고단8042

사기등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant is the representative director of the “stock company C” (hereinafter referred to as “C”) located in Ilyang-gu, Busan-si, and operated the E Exchange in Gangnam-gu Seoul Metropolitan Government D for trading virtual Ecoin.

1. In order to attract a large number of members in the Exchange operated by the Defendant by deeming the Defendant to have much amount of capital as false entry in public electronic records, false entry in official electronic records, events of electronic records, and violation of the Commercial Act, the Defendant intended to borrow money from another person temporarily to pretend that C’s stock price was paid, and to make a false registration of capital increase.

On November 2, 2018, the Defendant borrowed 100 million won from G, the representative of F Lending Business, and received money from H Bank account (I) in the name of C, and repaid 100 million won to G on November 3, 2018.

Around November 5, 2018, the Defendant already repaid KRW 100 million at the point of Korea and Japan Port of H Bank. However, as of November 2, 2018, upon receipt of a balance certificate of KRW 101,050,548 in the H Bank account (Account Number I) in the name of H Bank as of November 2, 2018, the Defendant pretended that the share capital was paid. The Defendant submitted documents necessary for the registration of capital increase, including the said balance certificate, to the K staff of the JA certified judicial scrivener office, and requested C to file an application for registration of capital increase in the amount of KRW 100 million.

Although the Defendant’s fact at the Goyang-dong Branch of the High Government District Court No. 1275-30, Seoyang-gu, Seoyang-si, Seoyang-si, the Defendant submitted to a registry official who is unable to know the name with the above balance certificate, etc., stating the matters to be registered as “the total number of issued shares 20,000 shares, 20,000 shares, and 1,00,000,000 won of the capital” in the matters to be registered for the change of C’s stock company, the Defendant submitted the said registration official, who is not aware of the fact, the capital of C in the Commercial Information Processing System is from 1,00,000 to 10,000,000 won.

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