공전자기록등불실기재등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[B] Around December 2017, the Defendant received a proposal from a person who assumes a false name from a lending business entity to the effect that “a loan will be made by opening a corporate account for three to six months and making transactions based on it, if the means of access are to be transferred,” and had the intent to create a ‘defensive company’ without substance and open an account in the name of the company, and then lend the means of access connected thereto to the above person.
【Criminal Facts】
1. On December 11, 2017, around 14:38, the Defendant filed an application for registration of the incorporation of a stock company with inside directors “A, C,” a trade name “D,” a head office of Gangnam-gu Seoul Metropolitan Government E, “5,00,00,00 won”, “5,00,00 won” with the purpose of “advertisement business and advertising agency business, etc.”, when submitting documents necessary for the establishment of a stock company, such as the articles of incorporation, decision on issuance of stocks, and decision on issuance of stocks, via a certified judicial scrivener, in the registry of the Seoul Central District Court located in Seocho-gu Seoul Metropolitan Government Court.
However, the defendant, from the beginning, made a false specification of transactions using the accounts in the name of the corporation and applied for the establishment of a corporation for the purpose of obtaining a loan based on this. D, a 's nominal' company, which had no entity that was prepared by the articles of incorporation or the officer was appointed through the promoters' general meeting, and the defendant did not actually paid the capital. In addition, even if the defendant was established for the purpose of advertising business and advertising agency business, there was no intention to actually operate the company.
Nevertheless, the defendant applied for the registration of incorporation of a corporation as above and had a registered public official who is aware of the above facts enter the above registered matters in the commercial register computer system.
Accordingly, the defendant makes a false report.