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(영문) 인천지방법원 2017.07.12 2017고단3690
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten 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, according to the proposal that, although the Defendant did not intend to establish a company and operate it, and even if he did not intend to register a corporation at the tax office, he did not know that he did not receive compensation after transferring it to a person without his name, the Defendant: (a) “To open an account in the name of the corporation after establishing a corporation and registering it; and (b) to make and deliver a passbook, check card, etc., which is an access medium connected to the account; and (c) to make it an access to the account.”

1. On December 1, 2015, the Defendant: (a) prepared a false application for registration of a juristic person with no intent to establish and operate the juristic person and filed an application for registration with a public official in charge of registration in the Seoul Central District Court registry located at the center of Seocho-gu Seoul, Seocho-gu, Seoul, as a director of the juristic person, such as paying the juristic capital, and establishing a juristic person’s office at the center of Seocho-gu, Seocho-gu, Seoul; and (b) filed an application for registration of the juristic person with no intent to

A public official in charge of the above registration, who is unaware of such circumstance, shall enter the computer system in order to complete the registration of the incorporation of B in the corporate registry, and keep the said corporate registry which recorded false facts as above.

Accordingly, the Defendant, in collusion with a person who has lost his name, made a false report to a public official to record false facts in the corporate registry of the same electronic records as the original copy of the process deed, and exercised it by making it available on the corporate registry. From around that time to December 7, 2015, the Defendant made a false report to a public official four times in total, such as the copy of the attached crime list (1) and made a false report to a public official, and exercised it on the corporate registry of the same electronic records as the original copy of the process deed.

2. No person who violates the Electronic Financial Transactions Act shall transfer any access medium used for electronic financial transactions;

Nevertheless, there is a need to do so.

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