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(영문) 서울서부지방법원 2020.01.08 2019고단4004
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In order to meet living expenses, the Defendant searched the writing in the search language of “work loan” on the Internet portal site B, and, after receiving a proposal, the Defendant: (a) opened a juristic person without intention or ability to operate it; (b) opened an account in the name of the juristic person and transferred it to the person with poor name.

1. Notwithstanding the fact that the Defendant had actually established and operated the company, or had no intent to hold the company by paying the capital, the Defendant merely registered the establishment of the company. On March 14, 2019, the Seoul Western District Court established an office in the Seoul Mapo-gu Seoul Western District Court’s registry in the position of “director” as of Mar. 14, 2019 for the purpose of obtaining loans by transferring the means of access, such as passbook, cash card, etc. connected to the account in the name of the corporation to another person for three months. On March 15, 2019, the Defendant opened an office in the Seoul Mapo-gu District Court’s registry in the Seoul Mapo-gu Seoul Western District Court, as of Mar. 14, 2019, paid four million won in capital when operating clothing retail, and made a false application for the registration of incorporation, etc., and submitted the documents necessary for the registration of incorporation to the public official in charge of the corporation to enable the Defendant to inspect the same fact as the original electronic records in the public information system.

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

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