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(영문) 전주지방법원 2019.09.05 2019고단466
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. The Defendant was willing to establish a “age-based corporation” by hearing the word “on the face of the transfer of a means of access connected to a corporate name,” which read, “on the face of the transfer of a means of access connected to a corporate name, it is necessary to make an account necessary to be opened,” from a person under whose name it appears, and “on the face of the transfer of a means of access connected to a corporate name, it shall be KRW 1.8 million per account.”

Therefore, on March 21, 2018, the defendant prepared a lease contract under the condition that he rents No. C from the Jeonju-si, Jeonju-si, and then notified the procedures necessary for incorporation in the office of a certified judicial scrivener in the same city around that time, prepared a certificate of personal seal impression, resident registration certificate, identification card, and lease contract under the name of the defendant, prepared documents necessary for the registration of incorporation, such as the establishment of the "D" to be a director in the indictment of the Jeonju District Court, and submitted them to the public official in charge of being aware of the fact, and submitted them to enter and preserve the same contents in the register of the "D" corporation of the electronic information system, which is a public electronic record.

Therefore, even if the defendant did not have the intention or ability to operate the above corporation for the purpose of receiving compensation, he made a false report to the public official and made him record false facts in the corporate register, which is a public electronic record, and exercised it.

2. No person who violates the Electronic Financial Transactions Act shall transfer the means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Nevertheless, the Defendant established “(ND)D” as described in paragraph (1), and opened a bank account under the name of the said legal entity (F) and a G bank account under the name of the said legal entity (H) around April 2, 2018, according to the order of the said person. On May 2018, the Defendant was connected to the said account when it stores goods stored in a high-speed bus terminal located in Gangnam-gu Seoul Metropolitan Government around May 2018.

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