공정증서원본불실기재등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. In the event that the company was registered for incorporation by making a false report on the trade name, purpose, representative director, in-house director, and auditor as if the company was actually established and operated without the intention to actually establish and operate the company, it should be deemed that the public official had a false statement about the above part to be contrary to the truth.
Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the charges.
B. The Defendant asserts that the sentence imposed by the lower court (six months of imprisonment) is too unlimited, and that the prosecutor is too unhued and unreasonable.
2. Ex officio determination
A. In addition to the portion of the criminal facts stated in the judgment below as stated in Paragraph (1), the prosecutor applied for the modification of a bill of amendment as follows. Since this court accepted the above application and changed the subject of the judgment, the judgment of the court below cannot be maintained any more.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misapprehension of the legal principles is still subject to the judgment of this court, and this is examined.
B. As seen in the revised facts charged, the Defendant, along with B, etc., obtained from B, around July 2016, and delegated registration duties to a mutually defective certified judicial scrivener office. The employees in the above certified judicial scrivener office’s name omitted shall prepare the articles of incorporation, minutes, list of shareholders, etc. necessary for incorporation, and then filed an application for registration of incorporation of M& corporation with total capital of KRW 10 million with the Busan District Court’s Busan District Court’s Busan District Court’s father-Support registry and then let a public official in poor name enter the details related to the capital in the M& corporation’s corporate register, which is a public electronic record, into the corporate register on July 12, 2016.