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(영문) 대전지방법원 2020.01.14 2018고단3378 (1)

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) received a proposal from a person under whose name the company was named and sent documents, passbooks, etc. related to the establishment; and (b) filed an application for the registration of incorporation of a limited company B with the Daejeon District Court located in Seo-gu, Daejeon District Court around May 10, 2017 and the Daejeon District Court filed for registration of incorporation of a limited company B; (c) under the name of the limited company, a corporation was established to establish and transfer a passbook under the name of the juristic person without due process such as the disguised payment of share capital; and (d) even if the company was duly established, the Defendant submitted an application for incorporation, etc. to establish the corporate register as if the juristic person was duly established and entered in the corporate register as “B”, “10,000,000 won”, “10,000 won”, “the purpose” mobile phone mobile phone sales, “retail sales, etc.,” and had it kept in the corporate register at around that time.

Accordingly, the defendant, in collusion with the person in bad name, made a false report to a public office, made a false report to enter false facts in the corporate register, which is a public electronic record, and exercised this.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access in using and managing the means of access;

On May 26, 2017, the Defendant sent, through Kwikset service article, a passbook and a cash card, each of which was opened in the name of a limited liability company B, to a person under the name of Seo-gu, Seo-gu, Daejeon, Daejeon, through Kwikset service article, and then sent, around June 12, 2017, one of the bankbooks in the name of the limited liability company B, one of the bankbooks in the name of the limited liability company, and one of the cash cards and passwords related thereto.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions over twice.

Summary of Evidence

1. The Defendant, F, G, H, and I.