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Defendant
A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 2,500,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant A was a promoter to establish the Company F, and was a person who served as a representative director after establishing the said Company on May 12, 2009.
The Defendant decided to establish F, but caused difficulties in raising funds necessary for the establishment of a corporation, and offered a public offering to make the best payment of B and the capital, and ordered the Defendant to lend money to H, the team leader of the G management body, and immediately withdraw it and pay it to the lessee.
H around May 12, 2009, in accordance with the direction of the Defendant, borrowed the capital of KRW 50 million from 1401-A to K operating credit business at the Jung-gu Seoul Special Metropolitan City International Building 1401-AJ, and deposited the capital of KRW 50 million to F-ro 6 corporate bank Eul branch bank deposit account in the F-ro branch bank deposit account, and issued a certificate of deposit of stock payment from the bank. On May 14, 2009, the bank withdrawn the total amount of KRW 50 million and returned it to the above K.
Accordingly, the defendant, in collusion with B, committed the act of pretending the payment of share capital required for the incorporation of the corporation.
Defendant B is an accountant, and Defendant B was a promoter to establish the F, and was a person who served as an auditor after establishing the said company on May 12, 2009.
Although the Defendant decided to establish A and F, which are promoters, but became difficult to raise funds necessary for the establishment of a corporation, the Defendant lent money to another person for the establishment of the corporation, and received the money from the other person, and then immediately withdrawn the money to the lender, and gave instructions necessary procedures therefor, and the Defendant recruited to prepare documents, such as the minutes of the inaugural general meeting, the report on establishment of a new company, and the report on investigation.
H, the team leader of the G management body, around May 12, 2009, under the direction of the above A, shall be the capital required for the establishment of the said foundation to K engaging in credit business at the 1401-A J of Jung-gu Seoul, Jung-gu, Seoul.