A defendant shall be punished by imprisonment for one year.

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

[Judgment of the court below] On May 2019, the Defendant received a proposal from a person without the name of a juristic person to the effect that “if the Defendant establishes a juristic person and opens an account in the name of a juristic person and lends it for six months, he/she will enhance the credit of the party and loan KRW 300 million to the party using the above account.” The Defendant, despite the absence of an intention to establish and operate the real company, established and registered the nominal name “the nominal juristic person” and used it to open an account in the name of the juristic person and used it to lend it to the person without the name of the party

On June 1, 2019, the Defendant prepared documents, such as a resident registration certificate, a certified copy and abstract, a certificate of personal seal impression, etc. necessary for incorporation, and leased the Seoul Gangnam-gu Seoul Metropolitan Government building B and C office in accordance with the direction of a person who has not been registered, and on the 20th of the same month, a certified judicial scrivener on his name omitted prepared articles of incorporation, a certificate of fund payment for KRW 100 million, etc. necessary for incorporation, and prepared the articles of incorporation, a certificate of fund payment for KRW 100 million in the Seoul Seocho-gu court, Seoul Seocho-gu, Seoul Central District Court’s registration, “Co., Ltd. D: : Seoul Metropolitan Government building B, C, and one share price: KRW 5,00, the total number of shares to be issued: 100,000, capital: 100,000, and internal director A, and submitted related documents, thereby having the public official in charge complete the registration of incorporation of “D 100,000 won” in the corporate register electronic data processing system.

【Criminal Facts】

1. When a bank interfering with its business opens an account in the name of a corporation, the bank must be liable for damages depending on the negligence when the account is used for financial crimes, etc., and therefore whether the relevant corporation is a normal corporation or not is an important confirmation in the opening of the account of the bank.

In addition, it has been enforced since October 2012 in order to eradicate the passbook which causes a big loss on the national economy.