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(영문) 대법원 2020.05.14 2019도13885

업무방해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the court below acquitted the Defendants on the ground that the Defendants’ application for registration of incorporation was not sufficient to prove crimes regarding false entry into public electronic records, etc., and the exercise of false entry into public electronic records, etc., and false entry into public electronic records, etc., due to the Defendants’ act of establishing a limited liability company and making them recorded in the corporate register, despite the absence of the Defendants’ actual intent to operate the limited liability company, based on the reasoning stated in its reasoning.

(2) In a case where a member of a limited liability company can be deemed to have established by registering the incorporation in accordance with the requirements and procedures for the establishment of a company under the Commercial Act and other Acts and subordinate statutes, the registration of incorporation of the company and the details thereof shall not be deemed to constitute the false facts as stated in the crime of false entry in the authentic copy of authentic deeds

At the time of incorporation of a company, a member had the intent or purpose of committing a crime using the company without actually operating the company.

solely on the ground that a company did not have the substance of its business, such as human and physical organization, cannot be deemed to have recorded false facts in the corporate register.

(3) Examining records according to the aforementioned legal principles and evidence duly admitted and investigated, the lower court’s reasoning is somewhat inappropriate. However, the lower court can be deemed to have proved this part of the facts charged solely on the ground that the Defendants filed a false application for the establishment of a corporation without actual intent to operate the company at the time of the establishment of a company.