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(영문) 인천지방법원 2017.07.20 2017고단3855

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for six months.

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

1. The Defendant, such as a false entry into a public electronic record, and a false electronic record, will offer money from a policeman on July 2015 to a business operator who opened an account in the name of the business operator after establishing a legal entity and registering the legal entity in the name of the legal entity.

The proposal received and accepted the proposal to that effect.

On July 20, 2015, the Defendant filed a registration with the Seoul Central District Court located in Seocho-gu, Seoul, Seocho-gu, Seoul District Court for the purpose of opening and distributing a passbook, and the fact that the Defendant actually established a limited company C, notwithstanding the absence of the establishment of a limited liability company C, by submitting documents necessary for the registration of the corporation, such as a certificate of personal seal impression in the name of the Defendant, a certificate of limited liability company establishment, and an application for registration of limited liability company, and had the public official in charge enter false facts, such as the trade name, address, and total amount of capital of the limited company C in the commercial register, which is an official electronic records, in the commercial register, and exercised it by allowing

2. Where a bank interfering with its business opens an account in the name of a corporation, the bank must be liable for damages pursuant to the Electronic Financial Transactions Act depending on whether the account is negligent when the account is used for a financial crime, etc. As such, whether the relevant corporation is a normal corporation, etc. is an important matter in the bank’s business operations, and according to the comprehensive measures for eradicating the Governor of the Financial Supervisory Service, which was in force since October 2012, in order to eradicate the bank’s passbook that incurs a big economic loss to the people, the bank demands “written confirmation of the purpose of financial transaction” in the case of a corporation that opens a short-term large number of accounts with explanation of the illegality of the transfer of the passbook to the customer, and refuses to open the account where the purpose is unclear.

The defendant, like the statement in paragraph 1, opens a passbook in the name of the above company without the fact that he/she actually established the limited company C.