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(영문) 서울남부지방법원 2020.02.19 2019고단5345

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for one year.

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 December 2, 2018, the Defendant: (a) received a proposal from a person without personal knowledge to the effect that “on the face of opening a corporate account, to create the details of the transaction of the account; and (b) to request the establishment of a corporation to send the documents necessary for the examination to be done by us; (c) created a “age company” and opened an account in the name of the company; and (d) had the intent to lend the means of access connected to the account.

1. The Defendant, even though he did not intend to actually pay the capital and hold it in a juristic person, on December 2018, through Kwikset service at a non-permanent place, and transferred documents, etc. necessary for the establishment of a juristic person, such as Defendant’s identification card, etc., to his name in the Incheon District Court’s father-Support Kimpo-si Office around December 7, 2018. On the one hand, around December 7, 2018, the name defecter: (a) mutually entered “liability Company B”; (b) as the head office of Gyeonggi-do Kimpo-si; (c) as the amount of capital; (d) as the manager; (e) entered the application for the establishment registration of a limited liability company; (b) entered “A”; and (b) made the public official, as the head office, enter the said commercial registration form into each of the above companies’ electronic registration system; and (e) made the said application for the establishment registration of a limited liability company’s incorporation with the entry of each of the said companies’s electronic registration form of incorporation;

Accordingly, the defendant, in collusion with the person who was unable to use his name, made a false report to the public official, made the same public electronic record as the original register of a notarial deed, and exercised it by allowing the public official to keep it at around that time.