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(영문) 서울북부지방법원 2019.09.20 2019고단1821

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 2018, the Defendant received a proposal from a person without his name, stating that the Defendant would open an account to create a corporation and pay the amount of KRW 3 million at a premium for the building site. The Defendant, upon having received a certified copy of the resident registration, certificate of personal seal impression, etc. necessary for the establishment of the company, had the person with no name, established a title-based corporation, and had the intention to open an account in the name of the corporation and transfer it to the person with

1. The defendant has no purpose of operating any stock company B, the purpose of which is to make any false entry into the public electromagnetic records, etc. and any false entry into the public electromagnetic records, even if he establishes a stock company B with the intention of wholesale and retail business

Nevertheless, around January 30, 2018, the Defendant entered and kept false facts, such as company B, Seoul, Gangnam-gu Seoul, Seoul, the total number of shares issued, 10,000 shares, and company director A, in a public electronic recording computer system, by allowing a public official in charge of being aware of the fact to prepare documents necessary for registration of incorporation of corporation B, such as the application for registration of incorporation of corporation B, through a name in the registry office of the Seoul Central District Court located in Seocho-gu Seoul, Seoul, the Seoul Central District Court registered in the registry office, and submitting them to the public official who is aware of the fact.

Accordingly, the defendant had recorded false facts in the public electronic records register computer system and exercised them.

2. Where an account in the name of a corporation is opened at a bank interfering with business affairs, the bank shall be liable for damages depending on whether the account is a normal corporation or not, so whether the account is used for a normal financial transaction purpose, etc., and whether the account is used for a normal financial transaction purpose, etc. shall be an important confirmation in the bank’s opening of the account and shall be an important matter in the bank’s opening of the account and shall be the bank’s passbook in accordance with the comprehensive measures for eradicating the bank’s large passbook in force since October 2012.