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(영문) 광주지방법원 장흥지원 2020.01.16 2019고단210

공전자기록등불실기재등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

Around October 2018, the Defendant accepted the offer from B that “I will open an account in the name of a juristic person (tentatively referred to as “poned account”) and offer to KRW 500,000 per account per a month, if the account is opened in the name of a juristic person (tentatively referred to as “poned account”).”

1. The Defendant, on October 2018, decided to establish a “limited liability company C” corporation. The Defendant, a certified copy of the Defendant’s resident registration and a certificate of personal seal impression, etc. necessary therefor, shall be issued to a certified judicial scrivener office located in Gwangju Dong-gu, and a certified judicial scrivener office’s office’s articles of incorporation, an investment receipt, etc. necessary to establish a corporation shall be issued, and around October 10, 2018, shall be submitted to the registry office of Gwangju Metropolitan City, Seo-gu, Seo-gu, Incheon Metropolitan City, by submitting a certificate of incorporation, an investment receipt, etc. certifying the payment of investment to the registry office. On October 10, 2018, a registered public official, despite his knowledge, shall be made to enter the Defendant in the commercial electronic information system, which is the same as the commercial electronic register, the director, the head office of Seo-gu, Gwangju Metropolitan City, into the commercial electronic information processing system, and filed a false report in the commercial electronic information system as recorded in the attached Form 1 (2).

2. Where a bank interference with business opens an account under a corporate name, the bank shall be liable for damages depending on the negligence when the account is used for financial crimes, etc., and therefore the relevant corporation is a normal corporation.