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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 becomes final and conclusive.
Reasons
Punishment of the crime
1. All of the facts revealed by the Defendant, upon receiving a proposal from B, that “I will offer money if I will create a floating company and deliver it to B,” the Defendant created a so-called “old-age corporation” by means of the best payment of share capital, etc., and opened the passbook in the name of the corporation, and had the passbook transferred to B, thereby gaining profits.
2. Criminal facts;
A. On May 9, 2016, the Defendant committed the crime related to C: (a) at the Daegu Bank Branch of the Daegu Bank located in Daegu-gu, Daegu-gu; (b) deposited KRW 5 million borrowed temporarily from B into the account of the Defendant’s Daegu Bank under the name of “C” (hereinafter “C”) for clothes and miscellaneous retail business; and (c) issued a certificate of deposit of stock payment from the said bank; (d) on May 11, 2016, the Daegu District Court: (a) prepared documents necessary for the registration of incorporation, such as the Defendant’s resident registration, a certified copy, seal, etc. of the Defendant’s resident registration; (b) submitted to the public official in charge of the said documents to enter and preserve the same in the C’s registration register of the corporate electronic information system, which is an electronic record, and (c) withdrawn KRW 5 million from the said deposit in the name of the said bank.
As above, the Defendant pretended to pay 5 million won of the share capital, and even though there was no establishment of the corporation C, the Defendant filed a false report with respect to the public official, thereby having recorded and exercised the false fact in the electronic records register.
B. On May 9, 2016, the Defendant committing the crime related to the corporation E is the Defendant’s Daegu Bank under the name of the Defendant as the payment for the share capital of the “E” (hereinafter “E”) that is for the purpose of clothes and miscellaneous retail business, five million won temporarily borrowed from B at the seat of the Daegu Bank located in Daegu-gu, Daegu-gu.