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(영문) 청주지방법원 2019.02.21 2018고단2130 (1)
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 2016, the Defendant received a proposal from a distribution business entity of a passbook with a name-free passbook (hereinafter “person without a name”) introduced by Section C (hereinafter “person without a name”) to the effect that “it is possible to establish a juristic person and open an account in the name of the juristic person and obtain a loan on the face of the week,” and the Defendant intended to create a tentatively named “age-long company” and open an account in the name of the company, and then transfer it to the name-free person.

On March 18, 2016, the Defendant filed an application for registration of incorporation of a stock company with inside directors as “B”, “D”, “stock company AP”, “BC and the first floor of Gyeong-si, Gyeong-do,” “three million won”, “three million won in total,” and “organic-si, Ga-si, Ga-si, Ga-si, Ga-si, Ga-si, Ga-si, Ga-si, Ga-si, Ga-si, Ga-si, and Ga-si, Ga-si, Ga-si, Ga-si, Ga-si, Ma-si, Ga-si, 91.

However, the defendant, from the beginning, applied for the establishment of a corporation for the purpose of opening an account in the name of a financial institution in accordance with the order of the person who has not been killed in the name of the corporation and transferring it to the person who has not been killed in the name of the corporation. AP is a 'deficial company', which is a 'deficial company' and has no substance such as preparing the articles of incorporation through the general meeting of promoters or appointing officers such as company directors. In addition, in order to disguise the payment of capital, the defendant temporarily prepared a certificate of consolidated balance by using 3 million won delivered from the above person who has not been killed in the name of the company without the intention to pay the stock price

Nevertheless, the defendant applied for the registration of incorporation of a juristic person as above and let a public official in charge of registration know such fact in the commercial register computer system.

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