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(영문) 전주지방법원 군산지원 2019.01.09 2018고단1188
상법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, upon receiving a proposal from a person who was unaware of his name, proposed “to create a company and make a passbook in the name of the corporation, to grant a loan,” and intended to create a “old-age corporation” and open an account in the name of the corporation, and then transfer the physical card, etc. connected to the above account to the above person who was unaware of his name.

1. Crimes related to limited liability companies B;

A. On February 13, 2017, the Defendant submitted documents necessary for the establishment of a corporation, such as the Defendant’s identification card, certificate of seal impression, and certificate of personal seal impression, to the bearers of the name, the Defendant, on or before February 13, 2017. On February 14, 2017, the Seoul Central District Court registered the Seoul Central District Court, the Seocho-gu Seoul District Court, in the Seocho-gu Seoul District Court’s registry office, submitted documents necessary for the establishment of a limited liability company, such as a certificate of investment payment of KRW 10 million, and submitted the documents necessary for the establishment of the limited liability company, including a certificate of investment payment, and submitted the director’s name, “A”, “B”, “D buildings of Yeongdeungpo-gu Seoul Metropolitan Government, and 9 E”, “10 million won”, “types and miscellaneous retail businesses,” and the purpose of “10 million won”

However, from the beginning, the Defendant applied for the establishment of a corporation for the purpose of transferring the account in the name of a financial institution under the name of the corporation. “B of a limited liability company” was referred to as “definite company” without any substantive entity, such as having been prepared by the articles of incorporation through a meeting of the board of directors or having been appointed as an executive such as an intra-company director. The capital is also without actual payment of stock price, and the Defendant had no intention to establish and operate “B of a limited liability company for clothing and miscellaneous retail

Nevertheless, the defendant applied for registration of incorporation as above and let a registered public official know such fact in the commercial register computer system as above.

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