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(영문) 인천지방법원 2016.11.24 2016고단6666
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 17, 2015, the Defendant was sentenced to four months of imprisonment for a crime of violating the Establishment of Homeland Reserve Forces Act at the Incheon District Court, and the said judgment became final and conclusive on November 13, 2015.

The Defendant, in collusion with M who did not actually intend to establish and operate a company, established and registered a “deficial corporation” in collusion with BF and H, and conspired to open an account in the name of the corporation by using it, and make a passbook, cash card, etc., which is a means of access connected to the said account, and then to transfer it to H, etc. for payment.

1. On October 8, 2014, the Defendant conspiredd with the above M, etc. to apply for registration of incorporation, in collusion with the Defendant, by preparing a false application for registration of incorporation with a public official in charge of registration in the Seoul Central District Court, a corporation’s capital, and a corporation’s office, who actually became a director of the Seoul Seocho-gu Seoul Central District Court, a corporation’s office, etc., and without an intent to establish and operate the corporation.

A public official in charge of the above registration, who is unaware of such circumstance, entered the computer system in order to complete the registration of incorporation of “BG” in the corporate register, and kept the said computerized corporate register in which such false fact was recorded.

Accordingly, in collusion with the above BF, H, M, etc., the Defendant made a false report to a public official on the same electronic register as the original of the authentic deed by having him record false facts in the same electronic register as the original of the authentic deed. From that time to June 2, 2015, the Defendant made a false report to a public official seven times in total, as shown in the attached list of crimes (1) in the same manner, and had him record false facts in the same electronic register as the original of the authentic deed, and exercised each of them.

2. Any person who violates the Electronic Financial Transactions Act shall be used for electronic financial transactions;

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