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(영문) 대전지방법원 2019.08.21 2019고단2177
상법위반등
Text

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.

Reasons

Punishment of the crime

【Criminal Power】 On November 22, 2018, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for six months due to false entry into public electromagnetic records, etc. at Daejeon District Court, and the said judgment became final and conclusive on November 30, 2018.

【Criminal Facts】

1. The Defendant accepted a proposal from a person with no name to the effect that “the Defendant would pay for any transfer of a passbook after opening a passbook in the name of the juristic person, by formally establishing a juristic person,” such as violation of the Commercial Act, public electronic records, and public electromagnetic records.”

Around May 4, 2016, the Defendant: (a) filed with the Cheongju District Court registration division located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 62-ro, 51, in order to open and transfer a passbook under the name of a corporation without making the best payment of the share capital and undergoing the meetings for the preparation of the articles of incorporation or the procedures for the appointment of directors; (b) however, as if a corporation is duly incorporated, the Defendant would submit a false investment payment certificate and related documents that would lead to the payment of the capital to the public official in charge; and (c) made the said public official enter the said amount as KRW 10,00,000 in the total amount of the capital amount of the commercial electronic computer system, which is a public electronic record, and had the said public official keep

Accordingly, the defendant, in collusion with the person who was unaware of his name, proposed the payment of shares for the incorporation of the corporation B, made the person enter false facts in the commercial register information system, which is a public electronic record, and exercised it by making the person keep the commercial register electronic information system which contains false facts.

2. On May 9, 2016, the Defendant violated the Electronic Financial Transactions Act, including transfer of passbooks, check cards, passwords, OTP cards, etc., connected to the name in the name of Kwikset through Kwikset Service to a bank account in the name of C (E) and to a bank account in the same name (G).

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