A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2017, the defendant would create a corporate account by establishing a corporation under the name of the defendant, and use it and make loans to the defendant by raising the transaction performance.

The term “contested with the proposal of a person without the name of the deceased,” thereby creating a “ageing company” under the name of the company and having the intention to open and transfer the account under the name of the company.

1. The Defendant in violation of the Commercial Act was willing to arrange the payment of share capital by lending money from the beneficiary when the company's incorporation fund is insufficient.

On July 10, 2017, the Defendant deposited the Defendant’s agricultural cooperative account with KRW 3 million in the Jeonju Agricultural Co., Ltd. located in Jeonju-si, the same day, and deposited the remaining 1,009,912 in the Defendant’s agricultural cooperative account with KRW 4,00,000,000,000 in the said branch, and received a certificate of the balance on the ground of 4,009,912, and then paid 3,000,000 won in cash to B.

Based on the above balance certificate, on July 14, 2017, the Defendant completed the establishment registration at the Jeonju District Court Jeonju District Court's Jeonju District Office with capital of four million won.

Accordingly, the defendant paid the best share price of 4 million won.

2. On July 14, 2017, the Defendant filed an application for registration of the establishment of a stock company with “A”, its trade name, “D,” its head office, “Seoul-gu E, 317,” “4,000,000 won”, and the purpose of “agricultural products (fence leaves) export business, water and communications business, and tobacco electronic commerce transaction business,” and “all incidental business related to each of the above subparagraphs,” etc. at the Jeonju District Office, the Jeonju District Court, the Jeonju District Court, the Seoul Special Metropolitan City Office, the former Special Metropolitan City Office, the former Special Metropolitan City Office, the Seoul Special Metropolitan City Office, submitted documents necessary for the establishment of the stock company.

However, the defendant only applied for the establishment of the above company for the purpose of opening and transferring an account in the name of a financial institution in order to obtain a loan, and the above company is called a "ageing company".