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(영문) 인천지방법원 2017.10.26 2017고단6275
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 30, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on December 22, 2013.

[Criminal facts]

1. Around June 12, 2015, the Defendant entered the public electronic records in the registry of the Seoul Central District Court located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, and the fact is the registration of establishment of a corporation for the purpose of distributing the public passbook, and the fact is the registration of establishment of a limited company, and despite the fact that the Defendant did not establish the limited company C, the above registration and public official in charge shall submit documents necessary for the registration of the corporation, such as a certificate of personal seal impression in the name of the Defendant, an application for the registration of the limited company, and submit the application for the registration of the limited company, to the public records of the electronic records, enter the false facts, such as the trade name, address, and total amount of capital of the limited company C, and shall be kept in the commercial registration book of the limited company C and used at the same time thereafter. From that time to October 17, 2015, the Defendant exercised the electronic records by making it enter the false facts in the public records over a total of four times as in the attached list 1.

2. In a case where a bank interfering with its business opens a corporate name account, the bank is liable for damages under the Electronic Financial Transactions Act depending on whether the account is negligent when the account is used for a financial crime. As such, whether the corporation is a normal corporation is an important matter in the business of opening the bank’s account, and according to the comprehensive measures for eradicating the bank’s presidential passbook, which was in force since October 2012, to eradicate the economic loss of the people, the bank demands “written confirmation of the purpose of financial transaction” in the case of a corporation that opens a short-term majority account while explaining the illegality of the transfer of the passbook to the customer, and allowing the customer to confirm and sign it.

The defendant actually did so.

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