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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
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
1. On May 2017, the Defendant: (a) received a proposal from a deceased and wounded person on the ground that he did not pay the corporate capital and did not intend to establish and operate an office; (b) prepared relevant documents, such as a certificate of personal seal impression, a certified copy of resident registration, etc. necessary for establishing a corporation; (c) submitted a false application for registration of incorporation, including the above documents, to the Seoul Seocho-gu Seoul District Court’s registry at the Seoul Central District Court, which was 14-gil, three-lane from the Seoul Seocho-gu, Seoul District Court, to allow a public official in charge of the said false establishment to enter the entries in the corporate register of the said application in the corporate register of the commercial registration information system; and (d) made it available for perusal by using the commercial information processing system, stating such false facts around that time.
Accordingly, the defendant conspireds with the deceased and caused the public official to record false facts in the corporate register of electronic records by making a false report, and exercised it.
2. Where an account in the name of a corporation is opened in a bank interference with business, the bank may be liable for damages depending on negligence when the relevant account is used for financial crimes, etc., and as such, additional business such as suspension of payment of the account and registration of account for criminal use should be carried out, so whether the relevant corporation is a normal corporation and whether the relevant account is used for normal financial transaction purposes, etc. are important confirmations in the opening of
Nevertheless, on May 24, 2017, the Defendant received a proposal that “to grant a loan to a third party by opening an account under the name of the juristic person” as stated in the preceding paragraph, and conspired with the third party under the name of the third party, and on May 24, 2017, B Bank located in Geumcheon-gu Seoul Metropolitan Government.