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(영문) 서울중앙지방법원 2013.08.09 2013고단749
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On January 18, 2010, the defendant is the representative director of the D Co., Ltd. established for the purpose of real estate development business, etc. in the D Co., Ltd.

1. On January 17, 2010, the Defendant agreed to borrow KRW 500 million from E engaging in bond business and received the aforementioned borrowed money through the national bank account in the name of the Defendant at around 23:05 on the same day.

Around 00:05 on January 18, 2010, the Defendant returned KRW 500 million to E, and on the same day, the Defendant issued a certificate of deposit balance to the national bank account in the name of the Defendant at the time of January 17, 2010 at the Seomun-gu, Seoul, Jung-gu, Seoul, issued a certificate of deposit balance to the national bank account in the name of the Defendant, and on the same day, filed an application for the registration of incorporation of a DNA corporation with a content of KRW 500 million with a total amount of capital KRW 50 million through F certified judicial scrivener at the registry office of Pakistan located in the same day.

Accordingly, the defendant pretended to pay KRW 500 million for acquiring stocks of D Co., Ltd.

2. Around January 18, 2010, the Defendant: (a) submitted relevant documents necessary for the registration of incorporation, such as a certificate of deposit balance, etc. to the effect that a 5,000 stock price per share was fully accepted; and (b) on the same day, the above registered official entered into the corporate register of D Co., Ltd., the same electronic records as the original copy of the authentic deed, into the corporate register of D Co., Ltd., the total number of issued stocks, 100,000, total amount of 50,000,000, total amount of capital stock, and 500,000,000,000,000,000.

Accordingly, the defendant makes a false report to a public official, and is not guilty in the corporate register in the same electronic records as the original of the notarial deed.

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