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(영문) 대구지방법원 서부지원 2016.11.24 2016고단2259
공전자기록등불실기재등
Text

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

Reasons

Punishment of the crime

Around December 2015, the Defendant: (a) received a proposal from C, known to the general public, to the effect that “I will make a corporate passbook after creating a floating company, 500,000 won per month per head of the Tong,” and (b) accordingly, C bears all the expenses incurred in establishing the company, such as the registration cost of the corporation, the office lease cost, etc.; and (c) the Defendant, using a certified copy of his/her resident registration, seal impression, etc., conspired to open a passbook in the name of the company and transfer it to C.

1. Entry of any false public electronic record and the occupation of holding any public electronic record for any false entry;

A. On December 2015, the Defendant: (a) in collusion with C, even though there was no fact that the Defendant became the representative director and established the company for the advertisement agency of D, “E judicial scrivener”; (b) in collusion with C, the Defendant requested the employees of the said office to “E judicial scrivener to establish the company conducting the advertisement agency by proxy; (c) around the 28th day of the same month, the Daegu Daegu District Court: (d) prepared documents necessary for the registration of incorporation, such as the application for the registration of incorporation of D, which was entered as “A” and “F” by the employees of the said office using the Defendant’s resident registration certificate, personal seal impression certificate, etc.; and (d) had the said public officials know of the fact, submit it to the public officials in charge, and (e) had the said public officials enter the same contents as the above application in the corporate register of D, a corporation electronic registration information system, which is a public electronic record, and (e) had them preserve the said corporate register, which is a public electronic record.

Accordingly, in collusion with C, the Defendant made a false report to the public official, thereby having recorded false facts in the corporate register, which is a public electronic record, and exercised this.

B. The Defendant committing crimes related to G Co., Ltd. on January 2016.

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