A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[Criminal Power] On July 9, 2019, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.) and three years of suspended execution, and the judgment became final and conclusive on July 17, 2019.

【Criminal Facts】

The Defendant established a company with the intention to actually operate the company, and registered the ‘defluence corporation’, and opened an account in the name of the corporation using it, made the passbook and cash card, which are the means of access connected to the account, and had the intention to transfer the account to the name-disfluence person.

1. On November 25, 2016, the Defendant prepared a false application for registration of incorporation with no intent to establish and operate a corporation, and filed an application for registration with a public official in charge of registration in name, without having an intention to establish and operate a corporation, by making a false application for registration with no intent to establish and operate a corporation, on the grounds that the Defendant did not pay the corporation’s capital from the registration with the Suwon District Court was located in the Gi-gu, Ansan-si, Seoul Special Metropolitan City.

A public official in charge of the above registration, who is unaware of such circumstance, entered the computer system in order to complete the registration of incorporation of “B” in the corporate register, and kept the said computerized corporate register in which the aforementioned false fact was recorded.

Accordingly, the defendant made a false report to a public official to record false facts in the corporate register in the same electronic records as the original of the notarial deed, and exercised it by having it kept in the computerized register of corporate register.

2. In a case where a bank interfering with its business opens a corporate name account, when the account is used for a financial crime, the bank must be liable for damages by the Electronic Financial Transactions Act depending on whether the account is negligent. As such, whether the relevant corporation is a normal corporation or not, etc. is an important issue in the bank’s opening of the account, and is a major national economic loss.