상법위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 2015, the Defendant accepted a proposal from a person who has not made a business operator and made a corporate passbook to increase the credit rating, and had accepted it, and had the intention to establish a “long-term Corporation” and to open a passbook in the name of the corporation and to transfer it to the person who has not been registered.
1. Violation of the Commercial Act;
A. According to the above public offering, the Defendant was in need of a balance certificate in order to establish a floating company on October 2015, as seen above, and the Defendant did not have paid a share price. However, inasmuch as the Defendant did not have paid the share price, KRW 5 million was opened from the name-free winner (hereinafter “C”), and the Defendant deposited KRW 5 million in the Daegu Bank Account (Account Number D) in the name of the Defendant’s name and received a balance certificate, etc. on October 22, 2015, using the said balance certificate, etc. in the Daegu District Court’s registry, the Defendant pretended to pay KRW 5 million of the share price “B” as the share price to the Daegu Bank Account (Account Number D) in the name of the Defendant on October 16, 2015.
B. On October 19, 2015, according to the above public offering, the Defendant: (a) established “Stock Company E” in addition to the above “Stock Company B” and issued a balance certificate using the above five million won deposited in the Defendant’s Daegu Bank account; and (b) returned the above amount of KRW 5 million to the Nonparty’s name and returned it to the Nonparty; (c) on October 22, 2015, the Defendant pretended to make payment of KRW 5 million by means of the registration of incorporation of “Stock Company E” with the total amount of capital at KRW 5 million by means of a certificate of balance, etc., from the registry office of the Daegu District Court on October 22, 2015. < Amended by Presidential Decree No. 26574, Oct. 22, 2015; Presidential Decree No. 26578, Oct. 5, 2015>
2. Records of false entry and false entry into public electronic records;