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(영문) 수원지방법원 2018.08.24 2017고단6565
공전자기록등불실기재등
Text

Defendant

A Imprisonment of 10 months, Defendant B and Defendant C shall be punished by imprisonment of 8 months, Defendant D shall be punished by imprisonment of 6 months, and Defendant D shall be punished by imprisonment.

Reasons

Punishment of the crime

[criminal record] On March 25, 2016, Defendant A was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court for fraud, and the judgment became final and conclusive on April 2, 2016.

[Criminal facts]

1. Defendant A

A. The Defendant, such as a false entry into a public electronic record, and a false electronic record, is an employee of “Company G” in the Jung-gu, Seongbuk-gu, Sungnam-gu.

The Defendant, along with H, established a floating corporation under the name of the Defendant, along with the representative of “C”, and subsequently decided to sell an access medium, such as the cash card, etc., of the bank account opened in the name of the said corporation and a cellular phone.

On February 21, 2013, the Defendant: (a) prepared a false application for registration of a juristic person and filed an application for registration with a public official in charge of registration under the name in charge of registration under the name in arrears, who works for the above registration division, even though the Defendant was a director and did not intend to actually establish and operate a juristic person; (b) did not have any intent to hold a juristic person by paying the capital or to actually establish a juristic person’s office; and (c) paid KRW 100,000 of the capital for the purpose of Internet shopping mall, electronic commerce, etc.; and (d) opened and genuinely established “J” at the Sung-gu, Sung-gu, Seongbuk-gu, the location of the principal office.

Accordingly, a public official in charge of the above registration, who did not know of the fact, entered the electronic data processing system into the corporate registry so that the establishment, etc. of “J” can be completed, and exercised the electronic data processing system of the above corporate registry that recorded the above fact of mistake, as well as making a false report to the public official 49 times in total in the same manner as in the attached crime list (1) in the same manner as in the attached list of crimes.

(b) Any person who violates the Electronic Financial Transactions Act shall be engaged in electronic financial transactions;

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