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(영문) 인천지방법원 2018.07.26 2018고단3595

전자금융거래법위반등

Text

Defendant

A Imprisonment for two years, for six months, for six months, and for one year and six months, for Defendant C, respectively.

(2).

Reasons

Punishment of the crime

The Defendants established a company and registered the term “age-based corporation” in spite of the absence of actual intent to operate, and used it to open an account in the name of the corporation and to transfer cash cards, etc., which are access media connected to that account.

1. False entry and events, such as electronic records, etc. for public use;

A. On May 9, 2016, Defendant A paid the corporation’s capital in Suwon District Court 31, an Ansan District Court’s Ansan Branch Office, and Defendant A prepared a false application for registration of a corporation without an intention to operate the corporation as a director of the corporation, such as establishing a corporation’s office, and submitted it to the public official in charge of registration in the name omitted, and applied for registration of incorporation of the corporation.

A public official in charge of the above registration, who is unaware of such circumstance, shall enter the electronic data into the corporate registry so that the registration of incorporation of a limited company E can be completed, and the said corporate registry was kept in the electronic data processing of the corporate registry.

Accordingly, the Defendant made a false report to a public official to record false facts in the corporate register, which is an electronic records identical to the original copy of a fair deed, and had him/her keep it on the corporate register, and exercised it by January 15, 2018, by means of the following method: (a) by making a false report to a public official five times in total, as stated in the list I of crimes; and (b) having him/her record false facts in the corporate register, which is an electronic record identical to the original copy of a fair deed, and exercising it.

B. On December 2017, Defendant B: (a) at the time of the non-displacement of the date, Defendant B established a juristic person and opened a passbook from the above Party A, the amount equivalent to KRW 600,000 per head of the Tong if the head of the Tong was established.

Upon receipt of a proposal to the effect that “the corporation is paid the corporation capital at the pertinent Si interest registry office on December 27, 2017, and the corporation is a director of the corporation, such as establishing the corporation’s office, etc., and makes a false application for the registration of the corporation without an intent to operate the corporation.