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A defendant shall be punished by imprisonment for one year.
However, 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
The Defendant: (a) received a proposal from a person who assumes the false name of a lending business entity to “B,” and (b) established a so-called “YA” for the purpose of opening a passbook without the intention to operate the legal entity; and (c) conspired with B to open an account in the name of the legal entity and transfer it to B.
1. On January 2, 2018, the Defendant violated the Commercial Act: (a) deposited KRW 30,000,000,000, which was paid in cash from B, in the same branch of the D Bank located in Dongjak-gu Seoul Metropolitan Government, in the name of the Defendant’s bank account in the name of the Defendant; and (b) issued a certificate of deposit balance on the following day; (c) withdrawn KRW 30,000,000,000, which was paid in cash at the D Bank HF Center located in Gwanak-gu Seoul Special Metropolitan City, from the D Bank’s HF Center in Seoul Special Metropolitan City.
Accordingly, the defendant, in collusion with B, pretended the payment of share price.
2. In accordance with the above public offering, the Defendant: (a) on January 1, 2018, entered the public electronic records, etc.; (b) on January 1, 2018, the Defendant entered the registration form of the Seoul Southern District Court into B with a personal seal impression, identification card, etc. necessary for the establishment of a corporation for the purpose of opening and operating an account in the name of the corporation; (c) on the ground that B applied for the registration of incorporation of E with the content of “A representative,” “30,000,000,000,” etc.; and (d) on the ground that the public official in charge was submitted to the public official in charge who was unable to identify each of the documents necessary for the establishment of the corporation; and (e) from that time, entered the content of E’s paid-in capital in the corporate register of the corporate electronic information system, which is a public electronic records, into the said registry with the content of KRW 30,000
Accordingly, the defendant conspireds with B.