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(영문) 인천지방법원 2018.02.13 2017고단8930

공전자기록등불실기재등

Text

Defendant

A The corporate governance structure of each financial company shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for six months.

Reasons

Punishment of the crime

Defendant

B On June 28, 2017, the Incheon District Court sentenced 4 months of imprisonment with prison labor and one year of suspended execution on November 23, 2017.

1. On June 2015, Defendant A accepted a proposal that “I would give money to a business operator’s account in the name of the business operator after the establishment of a legal entity and the registration of the business operator in the name of the legal entity,” from an unexpected person during Internet search.

A. False records, such as public electronic records, etc., and the defendant of such events, around June 5, 2015, at the registration bureau of the Incheon District Court (former Incheon District Court) located in Mandong-gu Incheon Metropolitan City, the defendant registered the incorporation of a corporation for the purpose of opening and distributing a passbook. In fact, the defendant submitted documents necessary for the registration of the corporation, such as a certificate of personal seal impression in the name of the defendant, an application for the registration of incorporation of a limited company, and submitted documents necessary for the registration of the corporation, and made a public official in charge of the above registry to enter such false facts, such as the trade name, address, and total amount of capital, in the commercial registration register, the public electronic records, and used them at the same time. From around that time to December 28, 2015, the defendant made the public official in charge of the above registry to keep the same in the commercial registration register, and made it available at the same time for the time.

B. On June 15, 2015, the Defendant, without having established a corporation as described in paragraph 1(a) at the non-victim Nonghyup Bank branch, established a floating corporation for the purpose of opening and transferring a passbook in the name of the said company, registered as a business operator, and submit documents necessary for opening a corporate account in the name of “Limited Liability Company E” to the employees of the victim bank, and applies for the establishment of an account in the name of “Limited Liability Company E” in the said process.