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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From around 2008, the Defendant is the representative director of E, a corporation established for the manufacture, etc. of electronic passport in Gangnam-gu, Seoul, the third floor of the building in Seoul, and is also a person in charge of overall affairs concerning the management of the company's funds.
1. On June 14, 2012, the Defendant violated the Commercial Act: (a) ordered a management director FF to issue capital increase with the method of receiving the paid-in capital using bond funds; (b) deposited KRW 1.5 billion into the Defendant’s account in the name of the Defendant’s name at a bank scattering Dong branch located in Ansan-si Scattering-si Scattering 1,000,000,000 won from the nominal bondholder; and (c) returned money from the above company’s paid-in capital account on June 19, 2012; and (d) returned KRW 1.5 billion from the above company’s paid-in capital account as a check at that time.
Accordingly, the defendant, in collusion with the above F, proposed the payment of the share price of KRW 1.5 billion.
2. On June 15, 2012, the Defendant, along with F, filed an application for registration of change with the Seoul Central District Court registry office in Seocho-gu Seoul, Seocho-gu, Seoul, and the registry official, as stated in the foregoing paragraph 1., submitted to a registry official who is unaware of the circumstances, an application for registration of change with the purport that full amount was deposited even after the largest payment of KRW 1.5 billion was made, such as a certificate of balance of passbook, etc., and had the registry official enter the false facts in the commercial registration information system, which is a public electronic record of the same day, with the “total number of issued and outstanding shares of the Co., Ltd. E, and total amount of KRW 80,00,000,000,000,” and thereafter, had the registry official operate and preserve the commercial registration information system, which is a public electronic record stating the false facts at the same time.
Accordingly, the defendant is guilty in collusion with F, etc. in public electronic records.