Defendant

A A shall be punished by a fine of two million won, and the defendant B shall be punished by a fine of one million won.

Defendant

A above.

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation established for the purpose of indoor construction business, etc., and Defendant A is a substantive representative as a director of the company B.

1. Defendant A

A. The Defendant, who violated the Commercial Act, was a director of the Company B in Daegu-gun Co., Ltd., and was willing to arrange the payment of the said Company’s share capital by temporarily borrowing KRW 120,000,000, out of KRW 203,000,000, from D, which is necessary for the registration of the incorporation of the said Company.

On October 20, 2015, the Defendant deposited KRW 203,00,000, including KRW 120,000,000, borrowed from D at the Daegu Central Finance Center in Daegu-gu, Daegu-gu, Busan-dong, into the account in the name of the representative director of the said company under the name of equity payment, and transferred the said capital to the account of the said company after obtaining a certificate of deposit balance of KRW 203,00,000 from the said agricultural cooperative to the account of the said company. On November 10, 200, the Defendant prepared a report of examination of financial management conditions necessary for the registration of construction business on the 21st of the same month, and, on the 26th of the same month of the same year, made a withdrawal of KRW 120,000,000, and made a reimbursement to the said D.

B. On October 21, 2015, the Defendant: (a) at the Daegu District Court’s registry office located in Daegu Dong-dong, Daegu-gu, Dong-dong, 212, the Defendant had a registry official, who is unaware of the circumstances, submit a certificate of deposit balance and relevant documents by pretending the payment of share capital as above to a certified judicial scrivener F; and (b) had a registry official enter the “20,300 shares” in the “total number of issued shares” column of the commercial electronic data processing system; and (c) “amount of capital” column into the “total number of issued shares” column of the commercial data processing system; and (d) registered the incorporation of B, “203,00,000 won” in the “amount of equity capital”; and (e) the commercial registration of electronic records, which recorded the above fraudulent facts.