Text
Defendant
A Imprisonment with prison labor for one year, and for one year and six months, respectively.
Reasons
Punishment of the crime
Defendant
A is the representative director of F F for the purpose of housing construction business, and G is the person who actually runs F for the purpose of housing construction business, and Defendant B is a person who performs the business such as the establishment of business plan and advertisement with the position of director in F for the corporation.
1. Defendants and G in violation of the Commercial Act committed a new construction work of an apartment house in the Young-gu Seoul Special Metropolitan City H Group on August 3, 2012, while the capital of F Co., Ltd., which was registered for establishment on August 3, 2012, cannot be registered as a housing construction business; thus, they temporarily borrowed money to meet the requirements of 300 million won or more required for registration and offered to repay the capital immediately after paying the capital.
Accordingly, around October 2012, G and Defendant B asked I to lend KRW 300 million to I for the most paid-in capital, and Defendant A applied for registration of change on October 26, 2012 as if the capital was increased to KRW 350 million and paid-in capital, etc. on the 25th of the same month, by granting documents necessary for opening an account in the name of F in the name of F, and interest on temporary loan, and allowing I to deposit KRW 300 million into the account on the 26th of the same month. After Defendant B deposited the shares of F in the registration of Jeonju District through a certified judicial scrivener, Defendant B deposited the shares of F, Inc. in the registration of Jeonju District through the certified judicial scrivener, and applied for registration of change as if the shares were increased to KRW 350 million,000,000.
The withdrawal of KRW 300 million was made.
Accordingly, the Defendants conspired with G to make the payment of the company's share price.
2. The Defendants and G, while operating the F Co., Ltd. F, promoted a new apartment house construction project in the Young-gu Seoul Metropolitan Government H Group, but the F Co., Ltd. did not have the funds to promote the project, and there was no particular property or income from the Defendants and G. On November 201, 2012, the Defendants and G constituted the statutory ratio of F Co., Ltd. in relation to the said new apartment construction project.