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(영문) 서울중앙지방법원 2019.01.17 2018고단7121

상법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the head of civil office in charge of preparing and binding civil application cases, applications for compulsory execution cases, or draft of complaint at the D Judicial Scriveners Office located in Seocho-gu Seoul Metropolitan Government, and the defendant and E seek a balance certificate in the name of another person against the person who intends to establish a corporation without capital and make a registration of incorporation in the name of another person when applying for registration of incorporation, and make a registration of incorporation in the name of another person as if they were paid in capital. In addition to ordinary fees, the defendant received 40 to 800,000 won according to the balance certificate in the name of another person and made a public offering for profits, and the defendant takes charge of corporate registration procedures, and they decided to accept the application for registration of incorporation against the person who intends to establish a corporation without capital.

According to the above public offering relation, around November 17, 2015, the Defendant and E requested the establishment of G corporation for the purpose of clothing wholesale business, which was paid in capital of KRW 50 million from F to F with the representative director at the office of the above D Judicial scrivener office. On October 27, 2015, the Defendant and E prepared a statement of balance in the name of H issued at the alternate branch office of the Bank of Seoul Seocho-gu, 275 as of the beginning of Seocho-gu, Seoul, stating the “articles of incorporation and the receipt of shares, and the report of the matters on promoters,” which is the representative director of G corporation, as of October 27, 2015, and concluded that H acquired shares of KRW 50 million and paid the shares to the corporate bank account (I). The Defendant and E submitted the above statement of registration of establishment to the public official in charge of the Seoul District Court registered in Seocho-gu, Seoul, Seoul, and submitted the above statement of balance to the public official.