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

The defendant is a director of B, a stock company established on August 19, 2016 for the purpose of building construction business, etc., and in collusion with C and D, the defendant shall not engage in the act of pretending to perform payment or contribution in kind by promoters, managing partners, directors, executive directors, members of the audit committee, auditors or acting directors of the company, managers or other employees entrusted with a certain or specific matter concerning the business of the company.

Nevertheless, on August 16, 2016, the Defendant had the intent to pretend the payment of capital of the said stock company B, and had borrowed KRW 550 million from the above C and entered into a verbal contract with C at the price of 50 million at the rate of 50% of the shares of B in the name of D, the representative of the promoters of B, and received a written confirmation of the payment of shares.

After that, on August 19, 2016, the Defendant, at the Busan District Court's Commercial Registry, made the total amount of capital KRW 5.5 million, with the above written confirmation attached to the above written confirmation, and made the purpose of the corporation as a construction work business and an engineering work business, and completed the registration of incorporation B of the Defendant and the above D director, and subsequently withdrawn the above separate deposit KRW 5.5 million on September 26, 2016, and made the proposal for the payment of the share capital of the said corporation by again repaying the same amount to C.

As a result, the Defendant pretended the payment of B share capital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning a protocol of suspect examination of the police to C or D;

1. Relevant Articles 628 and 622 (1) of the Commercial Act and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Since the crime of serious harm to the capital balance of the company with the reason of sentencing and the trust of the trader, Article 62-2(1) of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc., it is necessary to punish the crime corresponding to the crime liability, and the paid-in capital shall be 50 million won.