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(영문) 수원지방법원 2015.11.05 2015고단2636
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than eight 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

In fact, even though the company did not intend to establish a company and actually operate the company, it was intended to establish and register the ‘defluence corporation' under the name of another person as if it actually operated the company, and to open an account in the name of the corporation using it, to encourage the opening of the account in the name of the company, to receive a payment from the recipient of the means of access, such as passbook, cash card, etc. connected with it, and to encourage D to sell it to the recipient of the name, and to pay the price to D if it transferred the means of access, such as passbook, cash card, etc. connected with the account.

D accepted C’s proposal and completed the registration of the establishment of a floating corporation with respect to the paper E, and suggested that the passbook, cash card, etc., which is a means of access connected with the receipt of payment to C, be opened in the name of the juristic person, and received consent from E, and thereafter recruited the title provider of the representative of the juristic person with E, while proposing F, G, H, and I to pay for the establishment of the juristic person and the opening of the account in accompanying the title provider of the representative of the juristic person, thereby obtaining the consent from F, G, H, and I.

Accordingly, F, G, H, and I shared with a corporate representative provider recruited by D, E, etc., and opened a corporate name and an account in the name of the corporation. The defendant et al. accepted the proposal of D, etc. and provided a corporate representative name or provided a corporate representative name, and provided a means of access, such as passbook, cash card, etc. connected with it.

1. The Defendant, along with public electronic records, etc., shall be the Defendant, with D, H, etc., and the Seoul Central District Court registry at the Seocho-gu Seoul Central District Court at the center of Seocho-gu, Seoul, on July 11, 2014, with no intention of actually establishing and operating the company as the representative director, and the amount of capital shall be paid actually to the juristic person.

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