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(영문) 서울남부지방법원 2019.09.18 2019고단2838

공전자기록등불실기재등

Text

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

On April 2018, the Defendant: (a) received a proposal from a person who assumes a false name from a lender to the effect that “to open a corporate account and make it based on the transaction details, if he/she transferred the means of access; (b) made a nominal term without any substance; (c) opened an account in the name of the company; and (d) intended to lend the means of access connected thereto to the said person.

1. False entry, false entry, and electromagnetic records;

A. On April 2, 2018, the Defendant committed the crime related to B, a corporation, submitted documents necessary for the establishment of the corporation, such as a written acceptance of appointment, articles of incorporation, certificate of acceptance of stocks, balance certificate, report of investigation, etc., in the registry of the Seoul Central District Court, which is located in 14-ro 14, the Seoul Seocho-gu Seoul District Court, and the staff of the C judicial scrivener office, and had the director file an application for registration of the incorporation of the corporation with the purpose of “A”, “B of the corporation”, “Seoul Central District Court D D buildings, E-ho,00,000,” “8,000 won”, “an intention, retail, etc.

However, in fact, the Defendant applied for the establishment of a corporation from the beginning to obtain a loan based on the false details of transactions created by using the accounts in the name of the corporation, and only B was a 'definite company' and no entity exists that was prepared by the articles of incorporation or an officer was appointed through the promoters' general meeting. The Defendant did not intend to establish and operate B for the purpose of clothes, retail business, etc.

Nevertheless, the defendant applied for the registration of incorporation of a corporation as above and had a registered public official who is aware of the above facts enter the above registered matters in the commercial register computer system.

Accordingly, the defendant makes a false report and is an electronic record identical to the original of a notarial deed.