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(영문) 전주지방법원 2019.02.21 2017고단1527
상법위반등
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On July 2016, the Defendant: (a) received a proposal from a person without real name, to the effect that “to create a juristic person’s account under the name of the Defendant and make loans each month; and (b) to form a “age company” without any real entity, and then opened an account in the name of the company and thereafter to lend the account.

On July 26, 2016, the Defendant submitted documents necessary for the establishment of a limited liability company, such as investment receipts, etc., through B’s certified judicial scrivener offices, at the ASEAN Branch of the Daejeon District Court, 76-gilh, A, the Defendant filed an application for registration of incorporation of a limited liability company with the purpose of “A”, “C limited liability company”, “D buildings, E”, “10 million won”, “10 million won”, and “Class Do retail, etc.”.

However, in fact, the defendant applied for the establishment of a corporation for the purpose of lending the accounts of financial institutions in the name of a corporation to obtain a loan, and the above limited liability company was a "sub-titled company" and was a company without substantive substance, such as the articles of incorporation or the absence of a director appointed by the board of directors. The above investment receipt submitted to prove the payment of the contribution was falsely drawn and the defendant did not intend to operate a limited liability company for the purpose of clothing wholesale and retail business.

The Defendant filed an application for registration of incorporation as above and had a registered public official who is aware of such fact on the same day input the above registered matters in the commercial register computer system.

Accordingly, the defendant pretended to pay contributions, and made a false report to enter false facts in the commercial register computer system, which is the same electronic records as the original of a notarial deed, and exercised it by allowing it to be kept at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and statement of F, G and H 1.

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