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.

Punishment of the crime

The Defendant is a person who, around March 30, 2017, takes office as the representative director of C Co., Ltd. (hereinafter “instant company”) located in Chuncheon-si (hereinafter “instant company”) and is in charge of overall management, such as fund management, and actually operates the said company.

During that period, the defendant was willing to increase capital by lending bonds because the company of this case did not receive new investment because it did not have a capital stock.

On December 28, 2018, the Defendant personally borrowed KRW 350 million from D to the bank account (Account Number:F) in the name of the instant company on the same day and received a balance certificate to be submitted to the shareholders’ general meeting for the increase of the capital from the bank account in the name of the instant company on the same day, and immediately following the receipt of the balance certificate, on December 29, 2018, from the said bank account to the national bank account in the name of the said D, and returned KRW 100 million from the said bank account to the new bank account in the name of the E, respectively.

Accordingly, the defendant pretended to pay the share price of KRW 450 million.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes governing the entry of the list of shareholders, minutes of a special general meeting of shareholders, minutes of the board of directors, certificates of all registered matters, copies of passbook C in the name of the head of Tong C, the head of the account program, and

1. Article 628 (1) and Article 622 (1) of the Commercial Act applicable to the relevant Act concerning facts constituting an offense and Articles 628 (1) and 622 (1) of the

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant would make payment in order to have a new form of financial ability by releasing the external appearance of the instant company. This would endanger the foundation of the company’s capital system to promote the balance of capital and protect the interests of the interested parties through the buffer function of capital. Thus, the Defendant’s criminal liability is not easy, and the most paid capital is also KRW 450 million.