A. In misunderstanding the facts and legal principles, the Defendant did not state any fact contrary to the objective truth in filing an application for registration of incorporation of a limited company C (hereinafter “instant company”), and did not intend to operate the instant company, and even later, there was no intention to operate the instant company, and thus, the Defendant is not guilty of the crime No. 1, i.e., the crime of re-performance of electronic records, etc., and the crime of private participation in electronic records, etc., as indicated in the judgment below.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the record as to the assertion of misunderstanding of facts and misapprehension of legal principles, Article 1 of the facts constituting the crime as indicated in the judgment below is clearly acknowledged, and the above assertion by the defendant is without merit.

1) On the certified copy of the corporate registry of the instant company, “mutual name: Limited Company C, Head Office of the instant company: 10,000 won, the total amount of capital per investment: 10,000 won, the total amount of capital: 10,000 won: The retail business of pet goods, the retail business of sports supplies, the incidental business related thereto, and the director: A.

At the time of applying for registration of incorporation of the company of this case, the defendant had the above capital at the location of the principal office of the company of this case. For the above purpose, the defendant did not have the intent to establish and operate the company of this case, but did not have the capacity to do so, the defendant only intended to obtain the cash card, etc. or receive the loan after opening the account in the name of the company of this case

Nevertheless, the fact that the defendant made the above entry in the application for registration of incorporation of the company of this case and made the registration of incorporation of the corporation with the same contents is contrary to the substance and is contrary to the objective truth.

2) The Defendant himself also lends a loan to a mobile phone while he was aware of the loan due to the need of living funds at the time of the police investigation.