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(영문) 대구지방법원 서부지원 2017.11.09 2017고단2310

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for one year.

Items 1 and 2 of the seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On January 19, 2016, the Defendant: (a) established a so-called floating corporation at the office of a mutually defective certified judicial scrivener in the vicinity of Daegu Suwon-gu, and opened and distributed a passbook under the name of the floating corporation; (b) did not have established a corporation with the purpose of leasing real estate of “C”; and (c) paid the price of KRW 5 million with its certified copy, seal impression, etc., the Defendant, using its certified copy, seal impression, etc., prepared documents necessary for the registration of the establishment of the corporation of “A” and “D”; (b) submitted to the public official in charge of the registry office of the Seo-gu, Daegu District Court, Seo-gu, and submitted to the above public official in charge of the registry office for the elderly, who is in charge of the registry office for the establishment of the corporation, which is the electronic records, and had the said public official enter the same details as the above application in the registration register of the corporation in the electronic records register of C, which is the electronic records, and had the above public official preserve the electronic records from that time.

As such, the Defendant made a false report to a public official, and had him record false facts in the register of a juristic person which is an electronic record, and exercised this.

2. Violation of the Electronic Financial Transactions Act;

(a) No person shall transfer or take over any access medium, or lease or take over any access medium in return for promising to receive compensation;

Nevertheless, the Defendant, on December 2, 2016, opened a Daegu Bank Account under the name of F, Inc., Ltd., and received the passbook, physical card, and password connected to the said account from G to G, and around 1.

In addition, the Defendant’s transfer of access media used in electronic financial transactions, and from around that time to March 2017, the Defendant entered the list of crimes in attached Form 3 in the name of a corporation incorporated by E in collusion with G.