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(영문) 서울남부지방법원 2018.05.28 2018고단1252
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant: (a) did not pay the corporate capital; (b) did not establish a corporate office; and (c) did not intend to establish and operate a corporate director; (d) paid the expenses for vicarious registration to employees who know of the fact at the office of a mutual infinite in Seocho-gu Seoul, Seocho-gu, Seoul; and (c) on December 30, 2016, the said employee had the said employee file a false application for registration of juristic person in the registry office of the Seoul Central District Court located in Seocho-gu, Seoul District Court located in Seocho-gu, Seoul, for the registration of juristic person, and had the public official in charge of registration in charge of registration in name file an application for registration of juristic person.

Therefore, a public official in charge of the above registration, who is unaware of the above circumstances, shall enter the electronic register so that the registration of incorporation of a limited company B can be completed on the corporate register, and the said public official kept the electronic register of the said corporation in which the aforementioned false facts are recorded.

As a result, the defendant made a false report to a public official to record false facts in the corporate register which is the same electronic records as the original copy of a fair deed, and had it be kept in the computerized register of the corporate register.

2. As above, the Defendant: (a) established a limited company B with the company’s trade name in the country where the Seoul Central District Court was registered; (b) completed the business registration of the limited company B at the Seoul Central District Tax Office located in 340 as of January 4, 2017, and (c) completed the business registration of the limited company B at the location of the new bank located in Seodaemun-gu Seoul Central District Court on April 21, 2017, and (c) submitted the business registration certificate, all registration certificates, and certificates of seal impression, etc. of the limited company B at the location of the new bank located in Seodaemun-gu, Seoul Central District Court around April 21, 2017 and applied for the establishment of the limited company B’s account in the name of the limited company, and (c) during that process, the Defendant applied for the establishment of an advertising and advertising agency business.

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