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(영문) 대전지방법원 2017.08.29 2017고단2098

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2016, the Defendant established a false old-age corporation with the Defendant as a director of the public electronic records and a false electronic records recording event: (a) opened an account in the name of the corporation to transfer the access media to a third party; and (b) on the machinery, such as the Daegu District Court resident support, located in North 17-9, North Gyeongcheon-ro, North 11, of the same month, the employees of the B certified judicial scrivener’s office as the Defendant of the director of the corporation; (c) the corporate director of the company; (d) the head office of the company as “Special Company C, 200,000,” and (e) the purpose of the establishment registration of a corporation with the “health equipment distribution business, etc.” as the “name of the public official in charge of registering the establishment of the corporation,” and (e) had the public official in charge of registering the establishment of the commercial information system enter the said registered matters in the commercial information system.

However, as above, the Defendant only applied for the establishment of a corporation for the purpose of opening an account in the name of a financial institution under the name of the corporation, and did not intend to establish and operate a health equipment, goods, and clothing distribution and sales business.

Nevertheless, the Defendant filed a false report to a public official to record false facts in the commercial register, which is an electronic record, the same as the original copy of the process deed, and had him/her keep it immediately.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;

Nevertheless, the Defendant, after establishing a juristic person on October 2016, opened the Nong Bank account (E), a national bank account (F), and a post office account (G) in the name of the said juristic person after hearing the horses of those who will give two million won if they are transferred by opening an account under the name of the juristic person, as described in paragraph 1, and opening the Nong Bank account (E), a national bank account (F), and a post office account (G) in the name of the said juristic person at the end of the same month.