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(영문) 부산지방법원 2016.04.21 2016고단1149

공정증서원본불실기재등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, who received personal information from those who wish to obtain C, D, and loans, established a floating legal entity whose representative is C, D, and conspired to open a bank account in the name of the legal entity to sell the passbook to others.

1. On January 16, 2015, the Defendant filed an application for registration of the incorporation of “YGGG of Incheon” with “10,000,000,000 won” with the registration division of the Incheon District Court located in 278-2, Nam-gu, Incheon, Nam-gu, Incheon, by taking advantage of the personal information of “E” from the registration division of the Incheon District Court located in 278-2, Nam-gu, Incheon, to register the incorporation of “GG of the limited company with limited liability” with the total amount of capital at the domicile of “10,00,000,” and had a public official without the name of the trust perform the registration, such as the establishment of “GG of the limited company,” and had the registration official keep

However, there was no fact that a corporation was established at the above location, and there was no fact that capital was paid.

Accordingly, the Defendant, in collusion with C and D, made a false report to record false facts in the register of a corporation which is the original copy of a process deed, and exercised it. From that time to March 17, 2015, the Defendant entered false facts in the register of a corporation which is the original copy of a process deed in total nine times through the same method, and exercised it.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing any access medium;

Nevertheless, around March 30, 2015, the Defendant opened an account (J) in the name of a limited company H (Representative I) established in the same manner as that set forth in paragraph 1 at a new bank located in Guro-gu Seoul Metropolitan Government (Seoul), and around that time, the Defendant received KRW 600,000 in cash from a person who was not his/her name due to his/her name from his/her name due to Kwikset service articles.