A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant, upon receiving a proposal from B to establish a corporation and make a bank account, etc. in the form of a private gambling site as a book for soliciting the head of the passbook, agreed to pay the price for the bank account. The Defendant, upon establishing a limited company, was willing to transfer the bank account, etc. established in the name of the corporation to B.

On September 2016, the Defendant: (a) without having established a limited company C; (b) upon the recommendation of the Seoul Central District Court (hereinafter “Seoul Central District Court”), submitted documents necessary for the registration of the incorporation of a limited company C, such as a written office contract and seal imprint, to a registered public official via a certified judicial scrivener with no name; (c) had a registered official, who is unaware of such circumstances, enter the amount of one investment share and the total amount of capital; and (d) had him/her enter the fact that the said company was established in around October 25, 2016, into the corporate electronic information processing system; and (e) had the said company keep the commercial registration electronic information processing system stating such false facts.

Accordingly, in collusion with B, the Defendant made a false report to a public official, and made it recorded false facts in the electronic information register system of a corporation, which is an electronic record, such as the original copy of the process deed, and exercised the electronic records by storing and implementing them as they are.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of all the registered matters (with limited liability C);

1. Application of the statutes on contracts for office use, certificates of seal imprint, and copies of identification cards;

1. Article 228 (1), Article 30 (Occasion of false entry, such as electronic records), Articles 229, 228 (1), and 30 (Occasion of false entry, such as electronic records, etc.) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The unfavorable circumstances shall be recorded as false.