A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, from September 7, 2005 to July 2007, was engaged in general management of the company and fund execution business as the representative director E of the corporation E located in Bupyeong-gu, Bupyeong-gu, Busan.

1. On September 7, 2005, the Defendant violated the Commercial Act: (a) borrowed 50 million won from F at the Do party branch of the national bank located in the Dong-dong, Seocheon-gu, Seocheon-gu; and (b) deposited the said bank into E’s deposit account under the pretext of stock payment to E with respect to the said corporation.

Since then, the Defendant, upon receipt of a certificate of custody of shares payment from the above bank, applied for registration of incorporation of Company E with total capital of KRW 50 million in the Incheon District Court for the registration of the incorporation of the said corporation, and immediately withdrawn the total amount of KRW 50 million from the above bank and made the most of the payment of shares to the said F.

2. On September 7, 2005, the Defendant entered the false entry in the authentic copy of the authentic deed and the false entry in the authentic deed into the original copy of the authentic deed in the Incheon District Court's branch office registration division located in Dong-dong, Seocheon-gu, Seocheon-gu, Seoul. A certified judicial scrivener G had a registered public official G enter the false facts in the original commercial register of the authentic deed by requiring the submission of necessary documents for the registration of incorporation, such as a certificate of deposit of shares, etc. to the effect that 10,000 won per share was accepted as total amount of 5,00 common shares per share, even though he paid out the disguised share price to the victim company, and the submission of necessary documents such as the certificate of deposit of shares, etc. to the effect that 5,000 shares was accepted as total amount of 10,000 won per share.

After that, the Defendant had the above commercial register kept and exercised the above commercial register stating false facts in the above side support registration division.

3. On February 28, 2006, the Defendant occupational embezzlement: (a) at the same Do party branch of the national bank located in the Ocheon-gu, Ocheon-gu, Ocheon-si; (b) and (c) Co., Ltd. E (the victim company).