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(영문) 수원지방법원 2019.10.11 2019고단1601
공전자기록등불실기재등
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The Defendants, as a form of punishment, received a proposal from a person with no name, stating that “to grant a loan to a person who will create an old-age company upon transfer of a passbook,” and opened an account in the name of the juristic person, and had the intention to open the account in the name of the juristic person, and then transfer the check cards, etc. connected to the said account to a person with no name.

1. The Defendants’ co-principal

A. On October 2015, the Defendants conspired to establish and operate a corporation, such as making a false entry into public electronic records, etc. (1) and false entry into public electronic records, etc., and committed the following acts: (a) the Defendants were the representative of the old corporation; and (b) around October 2015, with the intention to transfer the pertinent public electronic records, etc., the Defendants entered the relevant documents, such as the Defendants’ seal impression sheet, and a certificate of personal seal impression, into a name-free person

On October 8, 2015, Sucheon-dong 116, Suwon District Court, Leecheon-dong, a registry office of Leecheon-dong, filed an application for registration of incorporation of a stock company with capital of KRW 10 million as if it actually paid the capital, and filed an application for registration of change of representative director with the content of changing the representative director into “B” around November 16, 2015, with each public official in charge of registration of the above registry office, and the public official in charge of registration who is not aware of such circumstances posted the above registered matters on the commercial computer system at that time.

As a result, the Defendants made false reports in collusion with the name in order to enter false facts in the commercial register computer system, which is the same electronic records as the original of the authentic deed, and exercised it by allowing the Defendants to keep it at a time.

(2) In using and managing the means of access, no person who violates the Electronic Financial Transactions Act may transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, there is a need to do so.

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