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From among the crimes of paragraph (1) of the judgment of the defendant, each of the crimes of paragraphs (1) to (7) per annum and each of the crimes of paragraph (2) of the judgment.
Reasons
Punishment of the crime
[criminal power] On February 20, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for profit and two years of suspension of execution in the branch court of Suwon District Court on February 20, 2014, and the judgment became final and conclusive on February 28, 2014. On May 15, 2014, the Defendant was sentenced to two months of imprisonment with prison labor and two years of suspension of execution on May 23, 2014.
On January 28, 2016, the Defendant was sentenced to imprisonment with prison labor for ten months and four years for false entry into public electromagnetic records, etc. at the Suwon District Court, and the judgment became final and conclusive on December 15, 2016.
【Criminal Facts】
Despite the absence of an actual intent to establish and operate a company, “B” was intended to establish and register another person’s name as a representative director, and to open an account in the name of the corporation using it, and to sell illegal sports soil, loan fraud, and scaming, etc. upon being transferred the passbook, cash card, OTP generation machine and password, etc., which are the means of access connected with it, to a non-criminal organization. On June 2013, 2013, it was proposed that “The Defendant would pay the price to the Defendant when acquiring the means of access, such as passbook, cash card, OTP generation machine and password, etc. connected with the account.”
Upon accepting the proposal of the above “B”, the Defendant: (a) established a floating corporation and registered the name of the juristic person with C; (b) proposed that the passbook, cash card, the OTP producer and password, etc., which are the means of access connected with the above “B, should be given payment to the above “B; and (c) decided to recruit the representative director of the juristic person, along with C, with C.
C The purpose of this proposal is to directly recruit the providers in the name of the corporate representative director, suggest D and E to commit the above crimes, and then apply for registration of incorporation on the ground D and E as representative director, and the head of the Tong connected to the defendant by opening the corporate name account.