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(영문) 수원지방법원 2014.03.13 2013고단7013 (1)

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

The fact that the name “C” in the name of “2013 Highest 7013” did not intend to operate a company, was established and registered as the term “old corporation” under the name of the representative director using a certified copy of the other person’s resident registration and a certificate of personal seal impression, etc., which was acquired by unlawful means, was used to open an account in the name of the corporation; the head of the bank, cash card, etc., which is the means of access connected with the establishment thereof, was asked to sell the account in the name of the deceased; and around May, 2013, when establishing a false corporation and opening the account in the name of the juristic person, it was proposed that D would pay monthly and separate allowances of KRW 3 million from KRW 3 million to KRW 3 million in return for the establishment of the account in the name of the juristic person. D was willing to establish the juristic person and open several accounts in the name of the juristic person in response to the proposal of “C.”

On May 2013, the Defendant, as if he was an employee working in a corporation near Yongsan Station located in Yongsan-gu Seoul Metropolitan Government, proposed that he would pay KRW 140,000 won per week at the time of opening an account under the false name of a corporation and pay an additional amount of KRW 50,000 won at each time of opening an account. In response, the Defendant was willing to open several accounts under the name of a false corporation and deliver the passbook to D.

D continuously, in order to establish a corporation by using documents such as a copy of resident registration certificate under the name of another person offered by C, it is proposed that E who works as a clerical assistant in a certified judicial scrivener office shall prepare a false articles of incorporation and a list of shareholders to pay 900,000 won for each corporation, if the registration of the corporation is cancelled, and E shall establish a false corporation and deliver documents necessary for the registration of the corporation to D after the completion of the registration of the corporation.

On the other hand, those who are not named, including C, shall be named.