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(영문) 의정부지방법원 2018.04.25 2017고단5254

공전자기록등불실기재등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 2016, the Defendant accepted the proposal that he would pay 2.50,000 won per one account in the event that he/she establishes a prompt-term juristic person under the name of the representative director from a person without his/her name to whom the Defendant is the representative director, and opened an account under the name of the representative director.

On October 25, 2016, the Defendant: (a) had the purpose of opening a passbook in the name of the corporation and using it on the gambling site; and (b) had no intent to establish and operate a company whose representative director is the Defendant; (c) had the public official in charge of the said registry, who is aware of such fact, submitted a false application for registration of incorporation of a stock company, the articles of incorporation, and the list of shareholders.

Accordingly, the above public official in charge entered false facts such as the trade name and location of the head office of the corporation C in the commercial register computer system around that time.

Accordingly, the defendant, in collusion with a person who is not a name, made a false report to a public official, and made a false record in a commercial register computer system, which is the same electronic record as the original copy of the

2. The Defendant, such as an electronic record entered in a false statement, had the Defendant keep and exercise the commercial register, in collusion with the names of those influences, at the time, place, such as the date, time, time, and place described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Application of statutes governing certified copies of corporate registers;

1. Relevant legal provisions of the Criminal Act, Articles 228(1), 30 (a) of the Criminal Act, Articles 229, 228(1), and 30 (a) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (the following extenuating circumstances are considered for the reasons for sentencing).