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(영문) 서울북부지방법원 2020.11.27 2020고단247

공전자기록등불실기재등

Text

Defendant

A shall be punished by imprisonment with prison labor for two months and by imprisonment for four months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[Defendant B] On July 24, 2020, after having been sentenced to two years and six months of imprisonment due to the crime of false entry into public electromagnetic records, etc. at the Seoul Northern District Court, the above judgment was finalized on November 5, 2020. Defendant A was sentenced to a suspended sentence of two years of imprisonment with prison labor for the same court on January 10, 2020 due to the crime of false entry into public electromagnetic records, etc., and the above judgment was finalized on January 18, 2020.

【Criminal Facts】 around August 2018, Defendants 2020-Ma247 offered a proposal to Defendant A to the effect that Defendant A would provide “When establishing a corporation under the name of four and opening a legal account to sell the means of access, the Plaintiff would provide KRW 40-5 million per each means of access,” and Defendant A accepted it, and Defendant A conspired to open and transfer an account in the name of that company after having established the so-called “defacing company” using Defendant A’s personal seal impression, a certified copy of resident registration, etc.

1. As if the Defendants paid the capital amount of KRW 20 million to a certified judicial scrivener who did not have any intention to actually operate the “limited company C” in accordance with the above public offering, the Defendants: (a) as if they paid the capital amounting to KRW 20 million on October 15, 2018, the Seoul Central District Court: (b) on October 14, 2018, entered “A” into an application for the establishment registration of a juristic person stating “the second floor F of buildings E in Yeongdeungpo-gu Seoul Metropolitan Government: KRW 500,000”, “the total amount of capital amount: KRW 20,000,000”, and “the public official in charge of having paid the capital amount of KRW 20,000 in the name of the corporation,” and (c) stated the “contribution receipt” in the above public official’s electronic data processing system as stated in the application form for the registration of a juristic person and paid the amount of the capital amount to KRW 14,000,00.