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(영문) 서울중앙지방법원 2017.10.26 2017고단4681

공전자기록등불실기재등

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 2016, Defendant A established a so-called “age-based corporation” from the Defendant’s friendship D and D, and registered as a business operator, and then opened a “large-term passbook” on the basis of the documents, and received statements that the Defendant may impose money on E or D when transferring the same to E or D, and the Defendant has also committed such an act.

A. On July 5, 2016, the Defendant issued the Defendant’s resident registration certificate, a certificate of seal impression, etc. necessary to establish the said corporation in the name of the Defendant to G employees of a certified judicial scrivener office for the purpose of opening the passbook after having had no actual intent to operate the electronic records, etc., and had the Defendant prepare the articles of incorporation, a receipt of investment, etc. necessary to establish the corporation through the said employees, and submitted the documents for registration of the company F with limited liability, as if the receipt of investment was duly established by the registration officer of the Incheon District Court, the registration officer of the Incheon District Court, the receipt of investment, etc., and the registration officer who was unaware of the fact that the false establishment was made, and as if the stock price was paid.

Upon application, a registry official entered a trade name “F of a limited company”, “Y of Yeonsu-gu, Incheon Metropolitan City H, 2306” into the computerized information system of commercial registry, which is an electronic record identical to the commercial registry, and then stored and operated a commercial information processing system that contains false facts.

Accordingly, the defendant, in collusion with D and E, made a false report to the court registry official, made the same electronic record as the original copy of the fair deed to enter false facts, and exercised the same electronic record as the commercial register stating false facts by storing and operating it.

(b) Where a bank interfering with its business opens an account in the name of a corporation, if the fact that the certificate of employment of an applicant is false, the account of the relevant corporation shall be opened;