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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
1. On June 2018, the Defendant: (a) received a proposal from a person who assumes a false name for a lending business entity to the effect that “I would give a loan in KRW 20 million to a third party by opening a corporate account after establishing a corporation; and (b) by maintaining for one year the passbook connected with the said account; (c) by creating a nominal name without a real entity, a “ageing company” was made; and (d) opening an account in the name of the said company; and (e) lent the means of access connected thereto to the said person.
On June 7, 2018, the Defendant submitted documents necessary for the establishment of a stock company, such as violation of the Commercial Act, misrepresentation of public electronic records, etc., and the subscription certificates, etc. created through the registry office of the Seoul Central District Court, the registry office of the Seoul Seocho-gu Seoul District Court, and the office of a certified judicial scrivener, and filed an application for registration of incorporation of a stock company with inside directors and representative directors as “A”, their trade names, “B”, “Seoul Gangnam-gu D, E”, “1,000 won”, the total number of shares to be issued, “4,00 shares”, “1,000 shares total number of shares issued,” “1,00,000 shares total amount of capital,” “1,00,000 won”, and “all incidental businesses related to the above subparagraphs”.
However, the Defendant applied for the establishment of a corporation from the beginning for the purpose of obtaining a loan in return for the opening of a corporate name account, and the Defendant was a “deficial company” as a “deficial company,” and was a “deficial company,” without any entity that was prepared or appointed by the articles of incorporation through the promoters’ general meeting. On June 4, 2018, the Defendant deposited a certificate of deposit balance into an enterprise bank account in the name of the Defendant in the name of the Defendant, issued a certificate of deposit balance from the said bank, immediately withdrawn it, and consumed it for personal purposes. As such, the Defendant intended to establish and operate a “subficial