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(영문) 서울북부지방법원 2018.11.29 2018고단3976
상법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 2017, the Defendant, at the first floor park located in Seocho-gu Seoul Metropolitan Government, proposed that “The Defendant would create shopping mall and have paid financial transaction records for at least six months, and would get loans at a low interest rate,” and had the intent to establish the company’s resident registration certified copy, abstract, certificate of seal impression, and identification card, which are necessary for the establishment of the company, and to open the company’s account under the name of the juristic person and transfer it to the person with no name.

1. On June 27, 2017, the Defendant in violation of the Commercial Act pretended to pay the shares by withdrawing KRW 30 million,00,000,000,000 to the national bank account in the name of the Defendant at the National Bank Boa branch of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and by withdrawing KRW 30,000,000,000 to the employees of the lending company.

2. The Defendant had no purpose of operating the event, such as a false entry into an electronic record, a false entry into an electronic record, etc., even if the Defendant establishes a “F” corporation with the purpose of information and communications business as its objective.

Nevertheless, around June 29, 2017, the Seoul Central District Court registered in the Seocho-gu Seoul Central District Court, the Seoul Yangcheon-gu G or 402 attorney H, who is an attorney-at-law working for the Seoul Central District Court, prepared an application for the registration of incorporation of the F corporation of the F corporation, and submitted documents necessary for the registration of incorporation to the public official in charge of being aware of the fact. By allowing the public official in charge to enter and keep such false facts as Co., Ltd. F, head office I, Songpa-gu, Seoul Special Metropolitan City I, 201, total number of shares to be issued 24,00 shares, and inside director A, etc. in the electronic records registration computer system.

Accordingly, the defendant is false in the registration computer system of a juristic person which is an electronic record.

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