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(영문) 수원지방법원 안산지원 2020.04.10 2020고단300
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person whose name was omitted shall recruit the representative of a false corporation and distribute the substitute passbook opened in the name of a false corporation. The defendant is a person who has received a proposal from the above person whose name was omitted to the effect that "I would make it possible to obtain a loan by creating the passbook in the name of the juristic person and the check card in the name of the juristic person if you send it." The defendant is a person who has established a false corporation by providing all documents necessary for the incorporation of the juristic person to the above person and opened the account and transferred the account to the above person

1. On June 22, 2018, the Defendant provided all documents, such as the Defendant’s resident registration copy, certificate of personal seal impression, etc. necessary for the incorporation of a corporation, according to the proposal made by the person with no name, and the person with no name, submitted an application for the registration of incorporation of a corporation to the public official in charge of the Seoul Central District Court’s mid-gu Office, Seoul Central District Court’s registry office, which is located 11-34, Seomun-gu, Seoul Central District Court.

However, the above company was established in the so-called "the most advanced payment" way of access, such as passbook, etc. connected thereto, in order to receive money from others, and did not have paid the same capital as above to the above company.

Nevertheless, the Defendant, in collusion with the above person who did not know the fact in the above manner, had a public official in charge record the “amount of capital” column for the “amount of capital” in the corporate register for the said company under the Commercial Registration Data Processing System, and had the said public official record false facts in the electronic records, the same as the original of the authentic deed, and exercised it by keeping the same in the electronic records processing system.

2. Any person who violates the Electronic Financial Transactions Act shall use and manage the means of access.

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