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(영문) 대전지방법원 2019.01.31 2018고단4468
공전자기록등불실기재등
Text

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

Reasons

Punishment of the crime

On December 2, 2017, in order to prepare traffic accident agreements, etc., the Defendant established a prompt term-related corporation without any substance, and made a prompt bankbook opened in the name of the old corporation. The Defendant used cash cards,OTP cards, passwords, etc., which are the means of access used in the connected electronic financial transactions, to transfer them to the name falsely and receive the payment.

1. False entry into public electronic records, and any event such as false entry into public electronic records;

A. On January 1, 2018, the Defendant: (a) received a certificate of personal seal impression and a copy of resident registration necessary for incorporation; (b) received the certificate of incorporation, shareholder list; and (c) received the certificate of incorporation, shareholder registry; and (d) received the certificate of incorporation, corporate director director, etc. from an unqualified person via Kwikset Services; and (b) submitted to the public official in charge of corporate registration application for the registration of incorporation of the Plaintiff, which entered “mutually owned, B, Dong-gu Busan Metropolitan City C building, D; (c) capital amount of KRW 5,00,000, for-purpose wholesale and retail, etc.; and (d) around January 12, 2018,

However, in fact, the defendant did not have the intention or ability to operate the corporation B with the purpose of clothing wholesale and retail business, and was planned to open an account under the name of the corporation and to transfer it to the person with no name.

As a result, the Defendant conspired with a person who was unaware of his name, had a public official in charge of registration enter the contents of the above application in the corporate register of the Commercial Registration Information System, and had the public official in charge of registration enter false facts in the corporate register of the Commercial Registration Information System. Around that time, the Defendant exercised the corporate register by allowing the public official in charge of registration to peruse corporate register containing false facts.

B. The Defendant Co., Ltd. prepared documents necessary for incorporation, such as the preceding paragraph of Jan. 2018, and prepared them on Jan. 12, 2018, from the registration division of the Ulsan District Court located in 55, as the law of Ulsan Nam-gu, Ulsan District Court on Jan. 12, 2018, “mutual Co., Ltd. E, the F buildings, G, north-gu, Ulsan Metropolitan City.

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