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(영문) 수원지방법원 평택지원 2017.07.12 2017고단1034

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On March 19, 2014, the Defendant filed an application for registration of establishment of a corporation with the name, Gangnam-gu Seoul Central District Court (Seoul Seocho-gu), 14-3-gil 14 Seoul Central District Court (Seoul Seocho-gu), stating the name, headquarters, Seoul D, 209, capital 30 million, and internal director A, submitted an application and accompanying documents for registration of establishment of a corporation.

However, the above company was not for the actual business, but for the purpose of its incorporation, and was issued with the certificate of balance of the head of the Tong for the establishment of the corporation, and was immediately prohibited from withdrawing the certificate, and was a company that did not have any entity that was appointed through the general meeting of promoters or that was not prepared by the articles of incorporation.

Nevertheless, the defendant filed an application for registration of incorporation of a juristic person as above and had a registered public official who is aware of such fact on the same day record all the registered matters of the juristic person, which are electronic records pertaining to the rights and duties, in the electronic computer system, such as “C”, “Seoul, Gangnam-gu D, 209”, “gold 5,000 won”, “gold 30,000 won”, “gold 30,000,000 won”, “A”, and “A”, etc., recorded the false facts in the electronic computer system, and had him keep it around that time from that time to May 26, 2014 without the intention to actually engage in the business as shown in attached Table 1.

Accordingly, the defendant conspireds with the needy person to record false facts in the computer system of all the registered electronic records of the corporation, which is an electronic records, and exercised by allowing him to keep it around that time.

2. On June 3, 2014, the Defendant violated the Electronic Financial Transactions Act to the winners at the coffee shop near Gangnam-gu Seoul Southernnam Station.