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(영문) 부산지방법원 2019.08.14 2019고단2725
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On January 2019, the Defendant accepted the proposal from the middle school line B, “to have a representative of a juristic person open a passbook, pay for the price.” After accepting the proposal, the Defendant established a juristic person under the name of the Defendant or changed the name of the representative of the juristic person established in the name of the existing juristic person, and opened a bank account in the name of the juristic person, and had the intention to sell the passbook, cash card, authorized certificate, andOTP growth machine connected to the account.

1. The Defendant did not intend to actually operate the corporation and did not have any intent to hold the company with the actual payment of capital. On January 23, 2019, the Defendant filed an application for the registration of incorporation of a corporation with the Seoul Central District Court, which was located in the Seocho-gu Seoul District Court 14, March 3, 2019, for the registration of establishment of a corporation with respect to “C limited liability company” as if the corporation was duly incorporated and operated, and had a public official in charge of not knowing the fact enter the fact into the false fact in the commercial register system, such as the “C limited liability company, directors “A,” “28,00,000,000,” and used the commercial register stating the above poor fact on the same day by having the public official keep the commercial register and use it from around the same day to March 11, 2019.

Accordingly, the defendant, in collusion with B, recorded false facts in the special media records, such as electronic records, which are the same as the original of notarial deed, and exercised them.

2. Where an account is opened in the name of a corporation at a bank interference with business, the bank shall be negligent when the relevant account is used for financial crimes, etc.;

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