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A defendant shall be punished by imprisonment for six months.
However, 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
1. The defendant in violation of the Commercial Act is a person registered as the representative director of C.
A. On October 7, 2014, the Defendant borrowed KRW 500,000 from 46,00,000 from NH branch in the Republic of Korea, the Defendant deposited 50,000 won in the Agricultural Cooperative (D) account under the name of the said company, and received a certificate of payment of the stock price on October 8, 2014, issued a certificate of payment of the stock price, thereby making a registration of capital increase of KRW 50,00,00 from 30,00,000 to 80,000,000 won, and immediately withdrawn the full amount on the date.
B. On October 8, 2014, the Defendant continued to deposit KRW 1990 million borrowed from the above in the said account at the same place as the foregoing in the same manner, and issued a certificate of payment of share capital, and on October 14, 2014, issued a certificate of payment of share capital, and completed the registration of capital increase of KRW C’s 1990 million to increase its capital from KRW 8990,000,000, and subsequently withdrawn the total amount of said money around that time.
Accordingly, the defendant pretended the payment of share capital.
2. Making false entries in the original deed of process and exercising the original deed of process with false entries;
A. On October 8, 2014, the Defendant filed a false report with a public official to enter false facts in the commercial register, which is the original copy of a fair deed, in the column of “the total number, type, and number of shares issued” in the commercial register of the company itself, and “the total amount of capital” in the “total number of shares issued and outstanding” column of “the total amount of shares issued and outstanding, and KRW 800,000,000,” and “total amount of capital” column of “the total amount of shares issued and outstanding,” thereby having a public official make a false report to the public official to enter false facts in the commercial register, which is the original copy of the fair deed, and exercise it by having the public official keep the commercial register, which is the original copy of the fair deed.
B. On October 14, 2014, the Defendant is in the same manner as the above 1.b. by the registry office of the Republic of Korea on October 14, 201.