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(영문) 창원지방법원 통영지원 2017.07.21 2017고단739
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in the form of an electronic record, etc., listened to the words “to open an account under the name of the juristic person and transfer the passbook, etc., to give five million won in return for the opening of the account,” and was willing to establish a “age juristic person” by accepting the words.

Therefore, on May 30, 2014, the Defendant, even if establishing a juristic person, did not actually intend to operate the juristic person, did not intend to actually pay the paid-in capital to hold the juristic person, and did not intend to establish an office of the juristic person. However, even if the Defendant intended to open an account under the name of the juristic person and transfer the passbook, cash card, etc. connected to the account to B, the Defendant prepared a false application for registration of the juristic person and had the public official in charge of registration, who applied for registration of the juristic person and believed it to be true, record the fact of false fact in the corporate registry.

Accordingly, the defendant made a false report to a public official to record false facts in the corporate register of the same electronic records as the original copy of the fair deed.

2. The Defendant exercised an electronic record, such as an electronic record with false entries, by having the corporate registry recorded false facts, keep the corporate registry and exercise it at a registry.

3. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;

Nevertheless, the Defendant: (a) opened an account from the foregoing B; and (b) opened an account in the name of the Defendant at a branch of the office of the Gangwon-gu Seoul Special Metropolitan City National Bank, Gangdong-gu, Seoul, on May 26, 2014; and (c) opened the account around June 5, 2014; and (b) opened the account in the name of the Defendant in order to receive five million won per week by transferring the account, etc. from the said bank;

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