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(영문) 서울중앙지방법원 2018.12.19 2017고단8863

공전자기록등불실기재등

Text

[Defendant A] The defendant shall be punished by imprisonment for three years.

[Defendant B] The defendant is punished by imprisonment with prison labor for eight months.

except that this judgment.

Reasons

Punishment of the crime

A- Defendant A established and operated a plan for the settlement of D in around October 24, 2012 for the purpose of selling C and promotional products. However, the project did not proceed, around early October 2013, opened a presidential passbook in the name of the said corporation and conspired to divide the amount of the passbook, cash card, official certificate, andOTP related to the said account from the transfer of the passbook, cash card, official certificate, and the sales of the foreign sports Saturdays.

1. According to the above public offering, such as false entry in public electronic records, and false entry electronic records, the defendant and C prepared a transcript of resident registration card, certificate of seal impression, etc. in the name of the defendant necessary to establish a floating corporation around October 2014, and requested an agent for applying for registration of establishment of a corporation by visiting the office of F judicial scrivener in Seocho-gu Seoul Metropolitan Government and requesting the employees belonging to the above certified judicial scrivener to prepare documents, such as articles of incorporation, investment receipt, etc. necessary to establish the corporation, and submitted the documents for registration of the limited company G as if the receipt, etc. was duly established and paid by the registered public official who knew that the receipt, etc. was falsely prepared by the Busan District Court’s branch office around October 15, 2014.

In accordance with the above application, a registry official entered the "G of a limited company" in the commercial registry which is the same electronic record as the commercial registry, "H I" in the location of the head office of the Dong-si in Gyeonggi-do, "Y 5,000 won" in the total amount of capital, "gold KRW 10,000" in the total amount of capital, "gold KRW 10,00,000" in the purpose, "Carrying-on peripheral devices and related liquid retail," and "A" in the commercial registry which is the same electronic record as the commercial registry, and stored and operated the commercial information processing system, which recorded the false facts.

Accordingly, the defendant, in collusion with C, makes a false report to the public official to record the false facts in the same electronic record as the original copy of the process deed, and to store and operate the same electronic record as the commercial register in which the false facts are recorded.