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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, although having no actual intent to establish and operate a company, did not intend to establish and establish an old-age corporation, intended to open an account in the name of the corporation using it and transfer the passbook, cash card, etc. connected to the account.
1. False entry and events, such as electronic records, etc. for public use;
A. On November 3, 2016, the Defendant: (a) filed a registration with the Central District Court in Seocho-gu, Seoul, Seocho-gu; (b) filed a false application for registration of a juristic person with no intent to establish and operate the juristic person by opening and selling a passbook as above; and (c) filed an application for registration of the juristic person with no intent to establish and operate the juristic
The registry official, who is unaware of the circumstance, entered the electronic data processing system into the corporate registry so that the registration of incorporation of the “Limited Company B(C)” and “A” is completed, and the above corporate registry was kept in the electronic data processing system.
B. On December 5, 2016, the Defendant: (a) in the registry of the Seoul Central District Court, the Defendant established and submitted a false application for corporate registration with no intent to establish and operate the corporation, and filed an application for corporate registration with the registry of the Seoul Central District Court on December 5, 2016.
The registry official, who is aware of the circumstance, entered the electronic data processing system into the corporate registry so that the registration of incorporation of a limited company D(E) and director A can be completed, and the above corporate registry was kept in the electronic data processing system.
In this respect, the defendant made a false report to a public official twice, and made it recorded and exercised the false fact in the corporate register of the same electronic records as the original copy of the process deed.
2. On November 9, 2016, the Defendant violated the Electronic Financial Transactions Act: (a) opened a bank account in the name of a limited company B (F) that he/she was registered as a director at a non-permanent branch of the SC Jeju Bank; and (b) around that time, an influent gambling site.