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(영문) 부산지방법원 2019.06.20 2019고단1118

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 2017, the Defendant received a proposal from “B,” stating that “to establish a juristic person and open a passbook,” and accepted the proposal, and used it as the Defendant’s representative, and then transferred the name of the juristic person to B to use it as the passbook.

1. The Defendant did not intend to actually operate the public electronic records, etc., and even though he did not have any intent to hold the corporation by paying the capital, the above “B” provides expenses necessary for the establishment of the corporation. On July 13, 2017, the Defendant filed an application for the establishment registration of a corporation with the Busan District Court’s registration and a certified judicial scrivener in his name in the Busan District Court’s name, and had a public official in charge, who was unaware of the fact, enter the fact in the computer system of the commercial registry such as “C,” “In-house director,” “A, 5th class E of the D Building in the Busan District Office,” “1,00,000,00 won,” and on the same day, had a public official in charge of the registration and file an application for the establishment registration of a corporation with the same method twice as indicated in attached Table 1 of Crimes, and had the public official in charge of the registration enter the fact in the commercial registry and exercise it.

Accordingly, the defendant, in collusion with ‘B', entered false information in public electronic records and exercised it.

2. In the event that an account in the name of a corporation is opened in a bank interference with business, if the account is used for financial crimes, etc., the bank shall be liable to compensate for the damage.