beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The Defendant is the representative director of D Limited Company established on October 11, 2007 (hereinafter referred to as “D”), the representative director of E Co., Ltd. established on February 18, 2014 (hereinafter referred to as “E”), and is the representative director of F Co., Ltd. (hereinafter referred to as “F”) established on August 26, 2016 for cruise travel business purposes.
1. Violation of the Commercial Act, entry of the original of a fair deed, and the exercise of the original of a fair deed;
A. 1) The Defendant in violation of the Commercial Act, as the representative director of F in the 10th floor of the building located in Seocho-gu Seoul Metropolitan Government G in Seocho-gu, with the intent to disguise the payment of the F’s share capital by borrowing and returning the capital required for the establishment of F corporation from E and D, and withdrawing and returning it.
On August 24, 2016, the Defendant instructed H, the accounting manager of E and D, to pay KRW 600 million for shares necessary for the establishment of F by using E and D’s funds. On the same day, H withdrawn KRW 100 million from the account under the name of E to the F’s payment account under the name of the Defendant through the account under the name of the Defendant, and withdrawn KRW 350 million from the account under the name of E on August 26, 2016 to the said payment account, and issued a certificate of deposit of shares from the said national bank through the account under the name of the Defendant, and then received a certificate of deposit of shares from the said national bank on August 31, 2016 to return KRW 579 million from among the above KRW 600 million, and on September 11, 2016 to each E’s account under the name of E.
2) Although the Defendant, such as a false entry into a public electronic record, false entry electronic record, etc., and a false entry electronic record, proposed the payment of F’s share capital, the Defendant, on August 26, 2016, at the Seoul Central District Court registration division located in Seocho-gu Seoul, Seocho-gu, Seoul, submitted documents, such as a certificate of deposit of share capital, to a non-registered public official who is aware of the fact that he/she would not know of the fact.
The defendant is actually paid the share price as above.