beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On May 24, 2019, the Defendant was sentenced to a suspended sentence of five months for a crime of fraud at the Jung-gu District Court, which was sentenced to a suspended sentence of two years for a crime of fraud. However, on October 8, 2020, the above judgment became final and conclusive on October 16, 2020 upon receiving the above court’s dismissal decision of appeal.
[Criminal facts]
1. On July 20, 2018, the Defendant had temporarily made a certificate of balance of KRW 20,000 capital and withdrawn the said amount on July 21, 2018, in order to disguise the payment of capital in the “B” corporation, which is an old-age corporation, in order to sell access media to the names and Buddhist winners in need of the passbook.
After that, around July 24, 2018, the Defendant had a certified judicial scrivener C in the registry of the Seoul Central District Court, which was located in the Seocho-gu Seoul District Court 14-ro 14, to prepare and submit documents necessary for the registration of incorporation of a corporation, such as an application for registration of incorporation, balance certificate, etc. of “B” and filed an application for registration of incorporation of a corporation with the representative director “A”, “A”, “B”, “Seoul Special Metropolitan City D, 200,000 capital”, “20,000 capital”, and “the clothing wholesale business”, respectively.
As a result, the Defendant filed a false application for registration of establishment of a stock company, such as filing a report as if the payment was not actually completed, and had a public official in charge of knowledge of such fact enter the fact that the amount was paid in KRW 20,000,000 as stated in the above application form in the commercial registration computer system. The Defendant requested to store and operate the commercial registration electronic data processing system in which the false fact was recorded at that time, as stated in the list 1 of the crime below, and stated in the same method twice as stated in the list 1 of the crime.