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(영문) 서울북부지방법원 2018.09.20 2018고정1341

공전자기록등불실기재등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2017, the Defendant accepted the proposal by the Defendant, “I will establish an account by leasing an office in four names, and make it possible to pay KRW 500,000 per month,” from the Singman’s name and non-sing staff (hereinafter “B”).

Therefore, the Defendant, around January 20, 2017, signed and sealed the application form for the registration of incorporation of a corporation with three-lanes in Seocho-gu Seoul District Court, the Seoul Central District Court registered at the Seocho-gu Seoul District Court, and submitted the said application form to a public official under the name of the Plaintiff, who works for the said registry office. The Defendant: (a) signed and sealed the application form for the registration of incorporation of a corporation with three-lanes in Seoul, the legal life Company C; (b) located in the Seoul Special Metropolitan City, Gangnam-gu, Seoul; (c) the amount per investment share; (d) KRW 50,000; (d) the total amount of capital; (e) KRW 20,00,000;

However, in fact, the defendant applied for registration of incorporation to create a corporate name account in B as above, but did not intend to rent the office and pay the capital, and did not intend to conduct advertising agency business.

Nevertheless, the Defendant, despite knowledge of the circumstance, had the above public officials enter the contents of the establishment of the “Limited Company C” in the commercial computer system of the registry, which is an electronic record of rights and obligations, into the said matters, and had such public officials keep the said information in the said commercial computer system of the registry so that they can electronically inquire about the said information.

Accordingly, the Defendant conspiredd with B to make a false report to the public official, entered false facts in the same electronic record as the original copy of the process deed, and exercised such electronic record.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition;

1. Account transfer details;

1. Details of Kakao Stockholm dialogue;

1. Application of Acts and subordinate statutes to investigation reports (examination of precedents related to oil-related corporations);

1. Article 228(1) and Article 30 of the Criminal Act of the same Act concerning criminal facts (the point of electronic records being recorded falsely);