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(영문) 인천지방법원 2011.01.14 2010고정3707

공전자기록등불실기재 등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant had not established a juristic person, such as public electromagnetic records, etc., but had the mind to make a registration of incorporation as his representative;

On December 2, 2008, the Defendant sent a certificate of personal seal impression and a copy of resident registration to B as well as documents necessary for the registration of a corporation.

B directed the above documents to C, and C prepared an application for registration of incorporation of a corporation on the 10th of the same month as the defendant's agent qualification, and submitted it to the Suwon District Court with the above certificate of personal seal impression attached.

Accordingly, a registered public official who is not aware of his name without knowledge of the fact was computerized in the corporate register so that the defendant has completed the registration of the incorporation of a mutual juristic person of "limited partnership D" that the defendant was a general partner.

Accordingly, in collusion with B and C, the Defendant made a false report to the public official, thereby having recorded false facts in the corporate register in the same electronic records as the original of the notarized document.

2. The Defendant had the Suwon District Court keep and exercise the corporate register in a registry office, which recorded false facts, around the time and time stated in paragraph (1).

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A certificate of F and G;

1. Application of Acts and subordinate statutes to a report on incorporation and an application for business registration, real estate lease contract, articles of incorporation, certificate of personal seal impression;

1. Article 228 (1), Article 229, or Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;