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(영문) 부산지방법원 2019.06.26 2019고단1810

사기방조등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized evidence as provided for in subparagraphs 1 through 16 and the evidence as provided for in Articles 24 through 28 shall be confiscated.

Reasons

Punishment of the crime

1. On October 2018, the Defendant accepted a proposal that “A, by establishing a juristic person, shall set up a passbook at KRW 500,000 per head of a Tong, and shall give an additional KRW 500,000 per month, if it is possible to continue to use the passbook,” thereby establishing a floating juristic person, opening a number of accounts in the name of the juristic person, and deliver a means of access, such as physical cards, connected to the said account, to the said C.

Around December 26, 2018, the Defendant had no actual intent to operate a corporation, and had no intent to hold the corporation by paying the capital, filed an application for the establishment registration of a corporation with respect to an “E” corporation as if the corporation was duly established through D attorneys from the registration division of the Ulsan District Court in Ulsan-gu, Ulsan District Court as of December 26, 2018, and had a public official in charge of not knowing the fact enter such fact in the commercial computer system, such as “E”, “A”, “A”, “auditor”, “Ulsan-gu,” “Ulsan-gu,” “5,00,000 won,” and on the same day, had a public official in charge of the establishment registration keep the commercial computer system and use it by having the commercial register stating the false fact kept, from October 29, 2018 to December 26, 2018, and had the public official in charge of the commercial computer system enter the same fact in each of the commercial computer systems in the register.

Accordingly, the defendant, in collusion with ‘C', entered false information in public electronic records and exercised it.

2. Where an account under the name of a corporation is opened by a bank interference with business, the bank shall be negligent when the relevant account is used for financial crimes, etc.;