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Defendants shall be punished by imprisonment for six months.
However, the execution of each of the above penalties shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A and D’s joint crime intented to establish a memorial company along with D to open the account in the name of the company and sell the passbook. Defendant A prepared documents necessary for the application for registration of establishment of the company. Defendant A requested Defendant A to file an application for registration of establishment of the company with a certified judicial scrivener’s office, and prepared documents necessary for the application for registration of the company’s establishment, such as corporate seal impression, etc., and Defendant A established an account in the name of the company at the tax office upon filing an application for registration at the tax office, and Defendant A intended to sell cash cards, etc. connected with the account opened as above to E.
A. On June 21, 2016, Defendant A, along with D, had an employee of the said office, who is unaware of the fact, prepare false documents necessary for the registration of incorporation, such as a written consent to the appointment of director of the limited company F, articles of incorporation, investment receipt, and power of delegation for registration, in the non-permanent certified judicial scrivener office located in the city of Jin-si on June 21, 2016.
The above employees submitted the documents to apply for registration of the establishment of a limited company F, i.e., the receipt of investments, to the registered public official who is aware of the fact that the documents necessary for the registration of the establishment of the limited company F, such as the receipt, were false, at the registry office of the Daejeon District Court located in 140, the same city, Cheongju-ro, Daejeon District Court.
However, there was no fact that Defendant A and D had been established for the actual operation of the company, and there was no fact that the capital was actually paid.
Accordingly, the above registration official aims to “F of a limited company with limited liability,” “C, 202 per Chungcheongnam-do, Chungcheongnam-do,” “5,000 won per investment,” and “10,000,000 won” and “the total amount of capital” in the commercial registry and electronic data processing system, which are electronic records identical to the commercial registry.