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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal power] On June 23, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court on October 14 of the same year, and the judgment became final and conclusive on November 21, 2012. On November 21, 2012, the same court was sentenced to imprisonment of one year and six months for fraud, and the judgment became final and conclusive on April 26, 2013.
【Criminal Facts】
1. The Defendant, in relation to E, was the Chairperson of F (State) from April 16, 2009 to July 2010, and E was the representative director of F (State) for the same period.
On April 16, 2009, the Defendant and E lent KRW 100 million to a person whose name cannot be known at the point south of the South Korea National Bank in Seocho-gu Seoul Seocho-gu, Seoul, 275-5 (hereinafter referred to as “State”) and deposited into the shares of (State) F, and issued a certificate of deposit of shares payment from the said bank. The Defendant and E were issued a certificate of deposit of shares payment from the said bank. The Defendant and E used the said certificate of deposit of shares payment at the Seoul Central District Court’s Commercial District Court in Seomun-gu, Seoul, Jung-gu, Seoul. using the said certificate of deposit of shares payment in KRW 100 million (hereinafter referred to as
[2] Around April 20, 2009, the Defendant and E completed the registration of incorporation of a juristic person of KRW 200 million with an investment of KRW 100 million. After that, around April 20, 2009, the Defendant and E withdrawn KRW 100 million from the point south of South Korea of the National Bank, and repaid to a person whose name could not be known. Accordingly, the Defendant conspired with E to act of pretending the payment of capital of KRW 20 million. (2) On June 12, 2009, the Defendant and E deposited KRW 200 million from H as the shares of KRW 200,000,000 from the new bank branch of the Seocho-gu Seoul At the Seocho-gu Central Financial Center of the Bank, Seocho-gu, Seoul, as the shares of KRW 898-5, and immediately returned to H.
Afterward, the Defendant and E have invested KRW 200 million in the capital of the F in the commercial registry of the Seoul Central District Court on June 17, 2009.