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(영문) 대구지방법원 2020.11.11 2020고단3430
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, as an internal director of the LAB, established the so-called MA corporation for the purpose of opening an account only without actual operation of the company for the purpose of wholesale and retail business, etc., and intended to open the account in the name of the corporation and to transfer the means of access to the gambling site operator, etc.

1. On November 7, 2016, the Defendant filed an application for registration of the incorporation of a stock company with the content of “stock company B”, “Seoul-si, Gyeong-si, Gyeong-si, and one share amount,” “10,000 won”, “5,000,000 won”, “5,000 won” of capital stock amount, and “A director in a company” with the content of “B” with the public official in charge of the establishment registration of a corporation, such as an application for registration of incorporation, an investment certificate, etc., and an application for registration of the incorporation of a stock company with the content of “B”, “Seoul-si, Gyeong-si, Gyeong-si,

The Defendant submitted an application to register the incorporation of a stock company accompanied by the above balance certificate to the public official in charge who is aware of the circumstances in which the payment of the share price is most likely, and made the public official enter the same in the column of “total amount of capital” of the above company’s commercial register, which is a public electronic record, as KRW 5,00,000, and around that time, kept the above commercial register.

However, since there was no fact that 5,000,000 won was paid, the above certificate of investment was forged fraudulently, and the defendant did not intend to operate the above company as business purpose.

The Defendant applied for the registration of incorporation of a stock company as above and had a public official in charge of being aware of the same day enter and keep such false facts in the corporate registration computer system, which is a public electronic record.

Accordingly, the defendant pretends to pay contributions, and makes a false report to a public official to record false facts in an electronic records register computer system, which is the same as the original copy of a notarial deed, and this is to be recorded.

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