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(영문) 부산지방법원 2019.08.21 2019고단2488
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized articles 1 through 14, 16 through 27, 32 through 37, and 39.

Reasons

Punishment of the crime

On August 2018, the Defendant: (a) sent a notice to “purchase of passbook” on the Internet B website; (b) sent a notice to contact the name-free persons who posted the notice to create a corporate passbook on the face of 40 to 500,000 won per page; (c) established a corporation under the name of the Defendant or changed the name of the representative of the existing corporation; and (d) opened an account under the name of the former corporation; and (e) sold it with a passbook, an authorized certificate, an OTP card, etc. connected to the account.

1. Notwithstanding the fact that the Defendant did not have any intention to operate the corporation and did not have any intention to hold the corporation by actually paying the capital, the Defendant filed an application for registration of change of the representative of the corporation with the registry of the Seoul Seocho-gu Seoul Central District Court, the registry of the Seoul Seocho-gu Seoul Central District Court, and the public official in charge of not knowing the fact that he/she applied for registration of change of the corporation with respect to the “limited liability company C” as if he/she actually succeeded to the representative of the corporation and operated the corporation, and had a public official resign from the computer system of the “limited liability company C” and enter the fact that he/she was appointed as his/her representative. On the same day, from September 6, 2018 to May 13, 2019, he/she had him/her keep the commercial register and used it by having the commercial register stating the fact that it was false, having the public official in charge of the registration of change of the corporation and the public official in charge of the registration of the corporation enter it into each commercial computer system.

Accordingly, the Defendant had recorded false facts in the special media records such as electronic records identical to the original of a notarial deed, and exercised them.

2. Opening an account in the name of a corporation at a bank interfering with business affairs;

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