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(영문) 서울남부지방법원 2018.06.21 2018고단1390

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Public offering] The Defendant established a company and registered the name-free corporation under the name of the Defendant in collusion with the name-free person (hereinafter “C”), although the Defendant did not intend to actually operate the company, and decided to open an account in the name of the corporation by using it.

[Criminal facts]

1. An event, such as a false electronic record, and a false electronic record;

A. The Defendant did not pay the corporate capital in accordance with the above public offering, and did not intend to establish and operate a corporation as a director of the corporation, such as failing to establish a corporate office. On August 2, 2017, the Defendant prepared a false application for registration of a corporation in the Incheon District Court’s registry office located in 881, as the Gyeongwon-gu Incheon Metropolitan City Gyeongwon, and filed an application for registration of incorporation with a public official in charge of registration in a name omitted.

Therefore, a public official in charge of the above registration, who is unaware of the above circumstances, entered a computerized entry into a corporate registry so that the registration of incorporation of “D” can be completed on the corporate registry, and kept a computerized computerized recording of the above corporate registry.

Accordingly, the defendant, in collusion with a person who is not the name, made a false report to a public official, made a false report to enter false facts in the corporate registry of the same electronic records as the original copy of the fairness certificate, and exercised it by making it available on the corporate registry computerized.

B. The Defendant did not pay the corporate capital in accordance with the above public offering and did not intend to establish and operate a corporation as a director of the corporation. In light of the fact that there was no intent to establish and operate the corporation, the Defendant prepared a false application for registration of the corporation at the Suwon District Court within the limit of 69-ro 212, which was located in the Suwon District Court, 212-ro 212, around August 2, 2017, and filed an application for registration of the establishment with the public official in charge of registration in the name of the corporation.

Therefore, a public official in charge of the above registration may register the establishment of “E” on the computerized register of a corporation.