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(영문) 서울북부지방법원 2020.09.17 2020고단1398
상법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 accepted the proposal to the effect that it would create and lend a transaction performance if it is sent after opening a passbook in the name of a juristic person, such as a violation of the Commercial Act, a false entry into public electromagnetic records, etc., and a false entry into public electromagnetic records, etc.

Around January 21, 2019, the Defendant: (a) registered state of the Seoul Central District Court located in the Seocho-gu Seoul Central District Court on March 14, 2019; and (b) established a juristic person to open a passbook under the name of the juristic person without due process, such as a meeting to make the most false balance certificate and related documents, which would lead to the payment of capital through a certified judicial scrivener, as the Defendant establishes a joint venture company B as promoters; (c) stated the said public official as “30,000,000 won” in the total amount of capital in the commercial electronic computer system, which is a public electronic record; and (d) required the said public official to keep the said commercial information system at around that time.

Accordingly, the defendant, in collusion with the person who was unaware of his name, proposed the payment of the share price for the incorporation of the corporation B, made the person enter false facts in the commercial register computer system, which is a public electronic record, and exercised it by making the person keep the commercial register information system which contains false facts.

2. On January 29, 2019, the Defendant in violation of the Electronic Financial Transactions Act would be able to obtain a loan in a manner that enhances credit by lending the passbook from a person who is not related to his/her name by lending the passbook in the vicinity of the cheon Station located in 997, Gangdong-gu Seoul, Gangdong-gu.

“After receiving and consenting to the proposal, Kwikset service sent a passbook, check card, password, and OTP device connected to the bank account (D) in the name of Kwikset Company B through Kwikset service.

In this respect.

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