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(영문) 인천지방법원 2018.10.01 2018고단5716

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for a period of five 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

The Defendant established a company with the intention to actually operate the company, and registered the term “age-based corporation” with the establishment of the company, and used it to open an account in the name of the corporation and to transfer the passbook, cash card, etc., which is an access medium connected to the account.

1. On May 26, 2017, the Defendant: (a) paid the corporation’s capital to the Seocho-gu Seoul High Court; (b) was actually a director of a corporation, such as establishing a corporate office; (c) did not intend to establish and operate a corporation; and (d) did not have paid the capital; (c) prepared a false application for registration of a corporation; and (d) filed an application for registration of a corporation with a public official in charge of registration of non-name, even though he did not have paid the capital.

A public official in charge of the above registration, who is unaware of such circumstance, shall enter the electronic register so that the registration of incorporation of a limited company B is completed in the electronic register of the corporation, and the said public official kept the electronic register of the said corporation that recorded the false facts as above.

Accordingly, the Defendant made a false report to a public official to record false facts in the corporate register, which is an electronic records identical to the original copy of a fair deed, and had him/her keep it on the corporate register, and exercised it by May 26, 2017, by making a false report to a public official twice in total, such as the statement in attached Table I, and by making a false report to a public official twice in the same manner as the original copy of a fair deed, and exercising it.

2. No person who violates the Electronic Financial Transactions Act shall transfer any access medium used for electronic financial transactions;

Nevertheless, on May 31, 2017, the Defendant opened a bank account in the name of a limited company B (C) in which the Defendant was registered as a director at a non-permanent branch of the National Bank, and opened a passbook, cash card, and password, which are access media connected to the above account, on the Internet around that time.