공전자기록등불실기재등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant received a proposal from the Defendant’s deceased-affiliated B that “I will exempt the Defendant from the Defendant’s obligation in return for creating a financial institution account in the name of the above corporation, after establishing the corporation.”
1. On June 5, 2017, the Defendant: (a) drafted an application for registration of incorporation of a corporation with the name-based certified judicial scrivener in the registry of the Seoul Central District Court located in the Seocho-gu Seoul Central District Court, the name-based certified judicial scrivener in the registry of the Seoul Central District Court, the head office of the Geumcheon-gu Seoul District Court, the director “A”, the total amount of capital, the total amount of KRW 50 million; and (b) submitted the application for registration of incorporation to the public official in charge of registration under the jurisdiction of the said court.
However, the Defendant applied for the establishment of a legal entity from the beginning for the purpose of opening and transferring a financial institution account in the name of the legal entity. The above C was a 'deficial company', which has no substance such as preparing the articles of incorporation through a general meeting of promoters or appointing officers such as in-house directors. The Defendant did not intend to establish and operate the above C for the purpose of wholesale and retail business.
Nevertheless, as above, the Defendant applied for the registration of incorporation of a juristic person and requested a registry official who is aware of the same day to input the above registered matters in the commercial register computer system, and applied for the registration of incorporation of a juristic person three times from around that time to January 5, 2018, and made the registration matters entered in the commercial register computer system electronically.
Accordingly, the defendant made a false report to the public official, and made a false entry in the commercial register computer system, which is the same electronic records as the original of a notarial deed, and had him keep it around that time.
2. Any person who violates the Electronic Financial Transactions Act;