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(영문) 수원지방법원 성남지원 2017.11.01 2017고단1967
공전자기록등불실기재등
Text

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.

Reasons

Punishment of the crime

In fact, although the defendant did not have the inside director and the representative director of corporation C and did not intend to work as a director and the representative director, on November 201, 2016, the defendant borrowed the name Buddhist director and the representative director of corporation C in the name of the company corporation and the representative director in return for receiving KRW 10 million from the mutual coffee specialty store located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu in Seocho-gu in Seocho-gu, Seoul.

Accordingly, on November 4, 2016, at the Jeonju District Court, the Jeonju District Court, the Jeonju District Court, which was 4, 1-6, 2016, had certified judicial scrivenerD, who did not know the fact, prepare and submit an application for registration of change of a stock company with the content that he/she concurrently serves as a director of the corporation C and the representative director of the corporation as defendant.

Therefore, the employee in charge of the above registry office who did not know the fact was allowed to enter the contents of the internal director and the representative director of the corporation C in the electronic records registration information system, which is an official electronic records, into the defendant, so that the above register can be stored and perused.

Accordingly, the defendant, in collusion with the person who was unable to make the name, made a false report to the public official, made the same electronic record as the original copy of the fairness deed to record false facts, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of all registered matters;

1. Copy of an application for registration of change;

1. Application of Acts and subordinate statutes, such as a list of shareholders, written resolution of shareholders, written consent to taking office;

1. Relevant legal provisions of the Criminal Act, Articles 228(1), 30 ( point of false entry, such as electronic records, etc.; choice of imprisonment) of the Criminal Act, Articles 229, 228(1), and 30 ( point of events, such as electronic records entered as poor) of the Criminal Act, and selection of punishment for imprisonment;

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 crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act of the community service order.

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