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(영문) 부산지방법원 2019.09.04 2019고단2881

공전자기록등불실기재등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. On January 2019, Defendant A received a proposal from C to “to open a passbook with the representative of a juristic person, pay for the price,” and accepted the proposal, and then, changed the name of the juristic person established under the name of the Defendant or the name of the representative of the juristic person established under the existing name of the Defendant to the Defendant, following the opening of an account in the name of the juristic person, and received a passbook, cash card, authorized certificate, andOPT card, etc. connected with the account.

Although the Defendant did not have any intention to operate the corporation, and did not have any intention to hold the corporation by actually paying the capital, the Defendant received the foregoing “E” order from the Internet registry site of the Supreme Court around January 28, 2019, and visited the company’s office staff at the PC in Busan (hereinafter referred to as “E”), which was delegated by the said “E” with the trade name “G limited company,” the location of the head office, the Seocho-gu Seoul Metropolitan Government H building, I, the director “A,” the amount of one share of investment, the total amount of capital “1,00 won,” the articles of incorporation, and the investment certificate, etc. The Defendant confirmed that a public official of the Seoul Central District Court, who was unaware of the said fact by means of electronic signature and approval for application for the establishment registration, had a public official in charge of the said establishment registration enter the said false fact in the register of corporations from the time on which an application for the establishment registration was made in the name of the said corporation or used the said fact in the name of the said public official within five days.