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(영문) 의정부지방법원 2020.05.11 2019고단5913

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2018, the Defendant: (a) opened an account in the name of a juristic person by making a false person from a person with no personal knowledge; (b) opened an account in the name of the juristic person; and (c) proposed to grant a loan in return for the establishment of a so-called “age juristic person” without considering the actual operation of the juristic person; (c) opened several accounts in the name of the said juristic person; and (d) had the intention to

1. False entry, false entry, and electromagnetic records;

A. On July 2018, the Defendant provided identification cards, seal imprints, resident registration cards, and abstractss, etc. to the Defendant, even though he/she was aware that the Defendant was to establish a “old corporation” as his/her representative. On July 31, 2018, the Defendant: (a) around July 31, 2018, in the registration division of the Changwon District Court located in the 681 Changwon-gu, Changwon-si; (b) on the fact, the Defendant did not actually pay the capital and did not intend to operate the business for the purpose of registration; (c) provided the public official in charge of registration with a false application for the establishment registration of a “stock company B” in the commercial electronic data processing system, which is the same as the commercial electronic data processing register, and had the public official without knowledge of the fact enter the “B corporation”, the head office of the company “Seoul-do, Sungwon-si, Changwon-do,” the amount of KRW 5,00, the amount of capital of the “500, and 300 stocks” as above.

Accordingly, the defendant, in collusion with the above person in the name of the defendant, shall make a false report to the public official to record false facts in the same electronic record as the original of the authentic deed, and it is the commercial register in which false facts are recorded.