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Defendants shall be punished by imprisonment for one year.
However, the Defendants are sentenced to the above punishment for a period of two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On July 2016, Defendant A: (a) established a so-called old-age corporation upon receipt of a proposal from a person with no name, and opened an account in the name of the corporation; and (b) had the intention to transfer the passbook to a person with no name.
A. On July 6, 2016, the Defendant, at the Seoul Central District Court registry office located in 14, a three-lane Seoul Seocho-gu Seoul District Court, as a director, filed a false application for registration of the establishment of a corporation with a limited liability company, by investing KRW 10,000,00 in capital in the Gangnam-gu Seoul Special Metropolitan City F and 324, the head office of which is located, and submitting a false application for registration of the establishment of a corporation to the public official in charge of the above registry office through the employees of the certified judicial scrivener office, even though the Defendant did not actually intend to establish and operate the corporation, such as having invested capital, holding the corporation by investing in capital, or establishing the corporation office.
As a result, the Defendant had a public official in charge of the above registration, who did not know of the fact, enter the company G into a computer system to register the establishment of a limited company G in the corporate registry, and exercised the computer system of the above corporation’s registry in which the above fact of insolvency was recorded.
B. On July 2016, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) transferred a passbook, physical card, password, and an access medium to the OTP-making machine connected to the G G bank account (H) of the company with limited liability via E from the Sa Bank account within the SaB Haak-dong, Haak-dong, Haak-dong, Haak-dong.
2. Defendant B, on December 2016, upon receiving a proposal from I, 2016, stating that “When the Defendant establishes a corporation and opens a passbook in the name of the corporation, he/she will give KRW 480,000 per head of a Tong per page,” he/she shall establish a so-called floating corporation and open a bank account in the name of the corporation, and then the name of the person whose name is omitted.