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(영문) 대전지방법원 2019.05.22 2018고단4229
공전자기록등불실기재등
Text

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

Around January 2016, the Defendant established a so-called “age corporation” and opened a corporate account in the name of a corporation and intended to transfer the passbook to C after having received a proposal from C, which was introduced through the Dozin B on January 2016.

1. No promoters, directors, other officers, etc. who violate the Commercial Act shall pretend to make any payment or contribution in kind;

Nevertheless, on January 3, 2016, the Defendant, as a director of D Co., Ltd. (hereinafter “D”), received KRW 10 million from B in the name of the share capital for the registration of establishment of D, and stored and deposited in the share capital payment account (F) of the company established in E Co., Ltd., and issued a balance certificate from the said bank. On January 4, 2016, the Defendant pretended to pay D capital by remitting or withdrawing the said KRW 10 million in cash to the account of (G)G, etc.

2. On January 11, 2016, the Defendant made a false application for the establishment registration of a corporation and submitted a false application for the establishment registration to the public official in charge of the said registry office through the staff of the certified judicial scrivener office, even though the Defendant was a director and did not intend to establish and operate a corporation by investing capital in the corporation or establishing a corporate office, etc.

Accordingly, the Defendant, who did not know of the fact, has a public official in charge of the above registration inputs the registration of the “stock company D” in the corporate registry computer so that the registration of the “stock company D” can be completed, and computerized the registration of the said corporation, which recorded

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