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1. Defendant A shall be punished by imprisonment with prison labor for six months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendants in violation of the Commercial Act conspired with E to make the constructive payment of the established capital by establishing the F Company with E.
Defendant
A) On May 22, 2012, it provides that “A shall establish a company with the name of the representative director and return immediately after the incorporation of the company” with the loan of money to Franchise B to Franchise B in order to establish a construction company.” On May 21, 2012, E accepting the above proposal shall provide Defendant C with KRW 300 million under the name of its establishment, and around May 22, 2012, it shall deliver KRW 1.1 billion in total to Defendant B, and Defendant B shall issue a certificate of deposit money of KRW 1.1 billion in total at the main office of the Gwangju Bank located in Geumdong-dong 14-2, Jeonsung-dong, Geumsung-dong, the sum total of KRW 110 million prepared by Defendant C as the deposit money of the bank in the above amount of KRW 1.21 billion in total at the main office of the Gwangju Bank of Korea, which was issued by Defendant C, and received the deposit balance from the bank.
Defendant
C Upon receipt of the certificate of deposit balance as above, around July 4, 2012, after withdrawing KRW 900 million for the payment of the stock price, and returning KRW 650 million to E, and the remainder was remitted to a passbook in the name of G operated by Defendant C.
As a result, the Defendants pretended to pay the capital of F Co., Ltd. in collusion with E.
2. The Defendants, along with E, shall submit the relevant documents necessary for incorporation, such as a certificate of deposit balance of 121,00 common shares causing 10,000 shares per share of 121,00 common shares per share of 121,00 shares per share through a certified judicial scrivener H, even if the shares paid to the said company are fictitiously paid, and the said registered official shall have the said registered official keep the same public electronic records as the commercial register, which is the original copy of the authentic deed, on May 23, 2012, with the total number of shares and total capital of the said company.