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(영문) 춘천지방법원 2020.09.11 2020노97
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Of the facts charged in the instant case.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, two years of probation order, and forty hours of community service order) is too unreasonable.

2. Judgment ex officio on the point of any false entry into public electronic records, etc. and any exercise of any false entry into public electronic records;

A. On April 24, 2017, the Defendant conspired with the foregoing certified judicial scrivener to enter the name of the company in the public electronic records, “1.5 million won per week by establishing a floating company with the representative director,” and to enter the passbook in the name of the company in the public electronic records, “1.5 million won per week by opening a passbook in the name of the company,” and to transfer the means of access, such as passbook, etc., to another person on the early April 2017. In short, the Defendant conspired with the foregoing certified judicial scrivener to enter the information and communications business, business auxiliary to each of the above paragraphs, and the head office of the company in the public electronic records, “Y-gu Seoul Metropolitan Government,” and “Y-gu, Seoul, 2017, 204,” and “B-1, 200,000,000 won, in collusion with the foregoing commercial records in the public electronic records system.”

B. The lower court found the Defendant guilty of this part of the facts charged based on the macroscopic evidence.

C. The requirements for establishment of a company by promoters, etc. of one stock company to determine the party deliberation, etc. under the Commercial Act.

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