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(영문) 울산지방법원 2017.10.26 2016고정1230
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 9, 2015, the defendant entered false records, such as public electronic records, into the public office of the Busan District Court, which was located in 31 as the Busan District Court's Do governor, in Busan District Court's 31, but the limited company C, which was located in 832, is a company having the same limited liability company, and a registered public official who is unable to know his/her name despite that he/she is not a company that actually exists. As such, as the defendant is the representative director of the company, submitted the application documents for registration of incorporation of the corporation, such as articles of incorporation, investment certificate, and certificate of seal impression, and accordingly, the registered public official, who is unaware of such fact, entered the registration of incorporation of the limited company in the registry of the same corporation, into the computer as the registration of incorporation was completed.

Accordingly, the defendant made a false report to a public official to record false facts in the corporate register of the same electronic records as the original copy of the fair deed.

2. Around that time, the Defendant had the above Busan District Court registered the registration division keep and exercise the above corporate registry that recorded false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report accompanied by a detailed statement of accounts of a limited company C, corporate bank, and national bank);

1. Response to the current status of registration of business entities who are corporations, and the application of the statutes of one copy of the registry of limited companies C;

1. Relevant legal provisions of the Criminal Act, Article 228(1) of the Criminal Act (the re-issuance of an official electronic record, etc.), Articles 229 and 228(1) of the Criminal Act (the occupation of an event, such as an electronic record, etc. recorded as false), the selection of each fine for a crime, and the selection of each fine;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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