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(영문) 의정부지방법원 고양지원 2019.06.20 2019고단1145
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 2018, the Defendant: (a) received a proposal from a person with no name in the name of a police officer, stating that “a person will borrow a loan in the name of a juristic person after making a juristic person and setting up transaction records when transferring the account in the name of the juristic person; and (b) made a false registration of a juristic person; (c) received a false registration from a juristic person to transfer the account in the name of the juristic person to a person with no name.

On May 29, 2018, the Defendant: (a) conspired with the person under whose name the Defendant had no intention to operate the corporation as the representative director of the corporation; (b) filed an application for registration of change of the company with the representative director and company director of B corporation in the Seocho-gu Seoul Central District Court’s registry in the Seocho-gu Seoul Central District Court, Seoul District Court from “C” to Defendant; and (c) filed an application for registration of change with the head office changed from “Seoul Songpa-gu D, 6th E” to “Seoul F building and G; and (d) then the said public official entered the said contents in the corporate register of B corporation under the Commercial Information Processing System

Accordingly, the defendant conspireds with the name-free persons, made a false report to the public official to enter false facts in the commercial registration electronic data processing system, which is a public electronic record, and exercised by allowing the public official to keep it at a place around that time.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access in using and managing the means of access;

Nevertheless, on May 4, 2018, the Defendant: (a) received a proposal that “a loan will proceed with; (b) if a corporation creates a transaction performance with the head of a corporate passbook, the loan can be offered to 50 million won in the name of the corporation; and (c) received an application for registration of change of a stock company with respect to B corporation, as described in paragraph (1); and (d) received an application for registration of change with respect to H bank under the name of the said corporation around July 4, 2018.

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