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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The promoters, managing members, directors, executive directors, members of the audit committee, auditors, acting directors, managers or other employees entrusted with a certain or specified matter concerning the business of the company shall not disguise the performance of payment or contribution in kind;
Nevertheless, the defendant, upon request from C and D, establishes a corporation with the name of “Co. E” with the representative of the promoters of the corporation as “C” and the auditor as “Co., Ltd.”, when there is a shortage of funds to pay the stock price, the defendant had the intent to conclude the payment of the stock price, and around December 5, 2008, upon the offer of G, the office manager of the “Certified Judicial Scriveners FF Office”, he deposited KRW 50 million for the payment of the stock price from H to the Government Nong branch account in the name of “C” which is the account for the payment of the stock price, and received a certificate of payment of stock price from the above bank. On the same day, the defendant filed an application for registration at the Goyang-si District District Court in Goyang-si District on the same day with the total amount of capital of the above company as KRW 50 million and returned it to H on December 8, 2008.
Accordingly, the Defendant conspiredd with C, D, G, and H to make a proposal for the payment of shares.
2. The point of payment for the false registration fee for the juristic person;
A. On December 5, 2008, the Defendant, along with C and D, received the articles of incorporation and stock distribution table necessary for the establishment of the corporation E, which was prepared in advance by the above G, and received the application for registration accompanied by the certificate of disguised payment, and made a registered public official who knows the fact of fictitious payment enter false facts into the computer network of the commercial register and made the registration of establishment completed by the corporation.
B. The Defendant entered false facts in the foregoing date, time, and place, and made it available to keep the fact of entry in the city.