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(영문) 수원지방법원 2015.12.16 2015고단4699
공전자기록등불실기재등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2009, Defendant B sentenced the Seoul Central District Court to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on September 23, 2014.

【Criminal Facts】

1. Notwithstanding the absence of actual intent to establish and operate a company, the Defendant: (a) established a “age-based corporation” as if he actually operated the company in the name of G and G; (b) registered the company under the name of the Defendant; and (c) offered an account in the name of the corporation by using the same; and (d) offered the passbook, cash card, etc., which is a means of access connected to the establishment; (b) conspired with G, one person H, etc. to provide a corporate representative name, or to provide a means of access, such as passbook and cash card, which are linked to the bank’s agent.

On October 4, 2013, according to the above public offering, the Defendant: (a) the Seoul Central District Court registry office in Seocho-gu, Seoul Central District Court on March 14, 2013; (b) the Defendant was a director and did not intend to actually establish and operate a company; (c) the Defendant did not intend to actually pay the paid-in capital to hold a corporation; and (d) the Defendant did not actually establish a corporate office; (b) the Defendant paid-in capital for the purpose of the sale of passbooks, cash cards, etc. opened and connected with the account under the name of the corporation; and (c) the Defendant actually paid-in capital for the purpose of software development business, etc.; and (d) filed a false application for registration with the public official in charge of registration under the name of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City on the location of the principal

Accordingly, a public official in charge of the above registration who does not know of the fact is registering the incorporation of “stock company L” in the computer of corporate register.

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