공전자기록등불실기재등
The judgment of the court below is reversed.
Defendant
Imprisonment with prison labor for A and two years and six months, and for Defendant C, eight months.
1. Summary of grounds for appeal;
A. The sentence imposed by the court below to the Defendants is too unreasonable.
B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.
2. Prior to the judgment on the grounds for appeal, the part of the event, such as false entry of each electronic record as stated in the facts charged No. 1 through No. 8, and false entry and electronic records, shall be deemed ex officio.
The prosecutor asserts that Defendant A does not actually establish each legal entity listed in Articles 1 through 8 of the facts charged, and Defendant C also filed a false report despite having not established a legal entity listed in Article 3 of the facts charged, so the fact of establishment of a legal entity is recorded in the electronic records registry computer system, which is an electronic records, and thus constitutes a crime of speculation, such as an electronic records, re-issuance, and an electronic records recorded as false.
Article 228(1) of the Criminal Act is a crime of protecting the public credibility of official documents recognized as special credibility and is established by having a public official file a false report contrary to the truth with respect to the public official and enter or register false facts inconsistent with the substantive relations, such as the original copy of a process deed or the same electronic record. Thus, even if there is no matter stated in the original copy of a process deed, etc. or there is a defect that is invalid even if there is an appearance, if there is a defect that is invalid, the defect in the incorporation of a limited liability company constitutes a false statement (see Supreme Court Decision 2006Do848, May 31, 2007). The defect in the incorporation of a limited liability company is divided into “where there is no company exists” and “where there is a reason to nullify the incorporation of a company” depending on
According to the evidence duly admitted and examined, documents were prepared in a false manner with H, I, or Defendant C, etc., who distributed this role, without due process for the incorporation of the company, and were prepared by the limited company K,O, Q, Q, S, V, X, AA, and AD.