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(영문) 서울중앙지방법원 2016.09.23 2015고합1184
특정범죄가중처벌등에관한법률위반(조세)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[Criminal record] On September 5, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment on September 13, 2014 became final and conclusive.

[Criminal facts]

1. On August 4, 2009, the Defendant in violation of the Commercial Act borrowed the name of three persons, such as one’s relative G, one’s father I, and one’s branch J, etc., from among the bad credit standing, who was unable to establish or manage a corporation by investing in his/her own name as a representative director or an executive officer, and established the F, Inc., Ltd. F (hereinafter “F”), which caused capital to be 100 million. However, the Defendant borrowed the above G as if he/she invested in his/her relative G, one’s father, and three persons, such as the branch I, and one’s representative director,

The Defendant found out the fact that he bid for a master brand store business with respect to 100 stores of subway 1 to 4, 70 subway 1 to 70 stores in Seoul, and, in order to meet the requirements of capital of 500 million won or more necessary for the participation in the above bidding, F’s capital is increased from 100 million to 700 million won, but he borrowed money from another person and paid money with the stock price, and then, he conspired with G, I, and J to make the payment of the stock price by withdrawing the stock price after the change registration.

On September 209, the Defendant borrowed KRW 680 million, including KRW 30 million from K, KRW 100 million from L, KRW 160 million from M, KRW 120 million from N, and KRW 120 million from N to K’s account in the name of the Defendant’s next account, and deposited KRW 600 million out of the above money into one bank account in F’s name, and as if the existing shareholders deposit in accordance with F’s equity ratio, G and I made details of the account deposited in KRW 240 million, KRW 120 million, and KRW 120 million from the said bank, and was issued a certificate of deposit balance from the said bank.

The defendant used this, and around September 5, 2009, the total capital of the F is KRW 100 million in the registry of the Seoul Central District Court located in Seocho-gu Seoul Metropolitan Government, Seocho-gu.

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