A defendant shall be punished by imprisonment for four months.

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

Criminal facts

On November 29, 2018, the Defendant was sentenced to a suspended sentence of two years in the Seoul Northern District Court for the crime of false entry into public electromagnetic records, etc., and the judgment was finalized on December 7, 2018.

The Defendant intended to incorporate a company without substantial substance from the name in return for the demand that the name be lent, and the Defendant would establish a ‘deficial corporation'. On February 2, 2017, the Seocho-gu Seoul Central District Court filed an application for registration of incorporation with the purport to establish a corporation B whose representative director is the Defendant, submitting documents necessary for the incorporation of the corporation, such as the general meeting minutes of promoters, the list of shareholders, and the certificate of balance, in the registry of the Seoul Central District Court located in Seocho-gu, Seoul.

However, from the beginning, the Defendant applied for the establishment of a legal entity for the purpose of lending the name of the representative of the legal entity and receiving compensation, and the Defendant did not intend to operate the said B as a company with no substance as a prompt name.

Nevertheless, the defendant applied for the registration of incorporation as above and had a registered public official who is aware of such fact on the same day enter the above registered matters in the commercial registration electronic information system, which is a public electronic record.

Accordingly, the defendant made a false report in collusion with the person who was not entitled to the name, thereby making it possible to record false facts in the commercial registration information system, which is the same electronic records as the original of the authentic deed, and allowing him to keep it available for perusal around that time.

Summary of Evidence

1. Defendant's legal statement;

2. A previous conviction in the application for business registration, application for registration of incorporation of a stock company: Application of final and conclusive judgment and report of investigation (report of suspect's same kind of power

1. Articles 228 (1), 30, 229, 228 (1), and 30 of the Criminal Act concerning facts constituting an offense, and choice of imprisonment with prison labor;

2. The Criminal Act dealing with concurrent crimes;