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(영문) 서울남부지방법원 2021.01.27 2020고단4994

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

[Reference Facts] On August 2018, the Defendant, upon receiving a proposal from a person without the name of the company, proposed to the effect that “after establishing a corporation, opening a corporate account and transfer the passbook, physical card, etc. of the account, the Defendant would be able to obtain a loan from the business operator.” In order to obtain a loan, the Defendant, in fact, made a tentatively named “YA” without the intent to establish and operate the corporation and opened the account under the name of the corporation, and intended to transfer the connected access media to the above name of the company.

[Criminal facts]

1. On October 2, 2018, the Defendant: (a) submitted documents necessary for the establishment of a stock company through a certified judicial scrivener’s office, the Seoul Central District Court registry in the Seocho-gu Seoul Central District Court on October 2, 2018; and (b) filed an application for registration of incorporation of a stock company with the head office “A”; (c) “B”; (d) “Seoul Special Metropolitan City Seodaemun-gu, Seodaemun-gu, Seoul; (d) the total number of issued stocks; (e) “4,000 weeks”; (e) “4,00,000 won”; and (e) the purpose of “b) car cars; (f) luminous system; (f) luminous system; (f) vehicle parts; (f) automobile parts; (f) luoring; and (f) luoring retail business”; and (f) applied for registration of incorporation of a stock company.

However, the Defendant applied for the establishment of a juristic person for the purpose of obtaining a loan by opening an account in the name of the juristic person and delivering the access media connected to the account to the person without the name. On September 20, 2018, the Defendant withdrawn the above amount immediately after temporarily making a certificate of balance and balance of the capital amount of KRW 4,300,000 without the intention to pay the share price or the fact that the share price was paid in order to disguise the payment of the capital. In fact, there was no fact that the said juristic person held the said amount by paying the capital, and there was no intention to pay the capital to the said juristic person.

Nevertheless, the defendant on October 2, 2018.

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