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(영문) 서울동부지방법원 2016.10.13 2016고단2620

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant, on February 4, 2015, established a false-end corporation with the name of the Defendant as the representative of the Defendant, and had the Seoul Central District Court registered the Seoul Central District Court, the employees of the B certified judicial scrivener office, to the Defendant as the Defendant, to the name of the corporation, to transfer the means of access to each account in the name of the corporation to a third party. On February 4, 2015, the Seoul Central District Court had the employees of the B certified judicial scrivener office file an application for the establishment registration of a corporation with the “Seoul Central Central District Court D, 561-4, Seoul Central District D, 500 won,” the total amount of capital of which is “50,000 won”, “electric and retail business of electronic parts”, which is “50,000 won”, and trusted by a registered public official under the name of the Seoul Central District Court computerizedly input the above registered matters in the commercial register.

However, in fact, the Defendant applied for the establishment of a corporation for the purpose of opening an account in the name of a financial institution under the name of the corporation from the beginning, and did not intend to establish and operate a corporation for the purpose of the wholesale and retail business of electrical and electronic parts, such as immediately withdrawing and using the establishment registration.

Nevertheless, the Defendant filed a false report to a public official to record false facts in the commercial register, which is an electronic record identical to the original copy of a notarial deed, and had him/her keep it immediately.

2. No person who violates the Electronic Financial Transactions Act shall transfer the means of access for electronic financial transactions;

Nevertheless, on February 2015, the Defendant transferred the passbook and password, which are the means of access to the bank account (E) in the name of the Co., Ltd. established under the same circumstance as the above paragraph 1, to the distribution officer of the one-time passbook in the name of the company in Seoul Special Metropolitan City in order to KRW 300,000.