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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On July 17, 2009, the Defendant was sentenced to four years of imprisonment for a crime of fraud at the Gwangju District Court on July 25, 2009, and the judgment became final and conclusive on July 25, 2009. On September 24, 2009, the above court was sentenced to eight months of imprisonment for the same crime and became final and conclusive on September 29, 2009.
【Criminal Facts】
1. On September 23, 2008, the Defendant in violation of the Commercial Act, in collusion with C, D, E, F, G, H, etc. to establish a stock company I by lending the name of D, and had J keep and deposit KRW 300 million as the stock price of the company at the Daejeon-dong Daejeon-dong Daejeon-dong Daejeon-dong Daejeon-dong business financing branch, and immediately received a certificate of deposit of stock payment in KRW 300 million from the said bank. On September 24, 2008, the Defendant pretended the payment of the stock price by letting H withdraw KRW 300 million from the account in the name of the company I at the Daejeon-dong business financing branch of the Daejeon National Bank.
2. In collusion with C, D, E, F, G, and H on September 23, 2008, the Defendant filed an application for registration of incorporation of the Daejeon District Court located in Seo-gu Daejeon District Court on September 23, 2008 with the public official in charge of certified judicial scrivener K to submit a certificate of safekeeping of shares issued in disguise of payment of share capital as above, and the public official above stated “the total number, types, and number of shares to be issued” in the corporate register of the company as stated in the Commercial Registration Information System as “30,000 ordinary shares” and “total amount of capital” as “30,000,000 won.”
Accordingly, the Defendant made a false report in collusion with C, D, E, F, G, and H to enter false facts in the commercial registration electronic information system, which is a public electronic record, and around that time, exercised the system by allowing it to operate and store it.
3. The Defendant’s fraud, around July 8, 2008, between C, D, E, F, G, H, etc. and share capital from the previous share.