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A defendant shall be punished by imprisonment for not less than eight 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
No person shall require a public official to enter or record false facts in the original copy of a certificate of process or records in special media, such as electronic records, by making a false report to the public official.
1. On February 26, 2018, the Defendant: (a) entered the registration application form for incorporation of a corporation B into the computerized system with the “stock company B”, “C, Dho-si, Gyeonggi-do head office,” “10,000,000 won in capital”; (b) entered the computerized system into the electronic records in the same electronic records as the original copy of the fair deed; and (c) recorded false facts in the same electronic records as the original copy of the fair deed; and (d) made it available by having a public official in charge of registration, who did not intend to engage in a business, enter the fact that the corporation was established, and did not intend to engage in a business.
2. On February 26, 2018, the Defendant: (a) filed a registration with the Seoul Central District Court located in Seocho-gu Seoul, Seoul; (b) filed an application for registration of incorporation of a corporation “E” with a registry official in charge of registration in the absence of an intent to engage in a business; (c) entered the application into a commercial registry computer system with “E”, “Seoul Gangnam-gu F, G, and capital KRW 10,000,00,000,” and recorded the electronic records identical to the original document in the electronic records in the same electronic records as the original document; (d) recorded the fact of insolvency in the electronic records as above; and (e) exercised it by having the public official in charge of registration, who did not intend to engage in a business.
Summary of Evidence
1. Defendant’s legal statement
1. H statement protocol;
1. Application of Acts and subordinate statutes to certified copies of corporate registers and investigation reports (netly 7);
1. Article 228 of the Criminal Act concerning criminal facts and the choice of punishment