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(영문) 대구지방법원 포항지원 2019.06.04 2018고단1251 (1)
공전자기록등불실기재등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Public invitations between B and C, etc.] B (one person’s name “D office”) is the total liability of an organization that collects means of access, such as cash cards connected to bank accounts in the name of a falsely established corporation for committing a crime, such as an illegal gambling site. C, E, and F serve to deliver documents necessary for the establishment of a corporation and the means of access collected to B, or recruit the holders of the establishment of a corporation and a bank account; G, H, etc. provide documents related to the transfer of corporation registration to the upper-tier B and C; and after opening a bank account in the name of the transferred corporation, they shared the role of delivering the means of access connected to the account.

B transferred the means of access connected to the financial account in the name of a false corporation to the illegal gambling site, had been able to lead a life with the profit therefrom, had been responsible for the registration of establishment and change of a corporation and the delivery of the means of access each month, and collected the means of access connected to the financial account in the name of a false corporation for about three years by paying the price to the representative of a false corporation which the F et al. drawn up.

Around July 2015, C heard the phrase “to give money to a person by applying for the registration of a juristic person with a document that is capable of establishing a juristic person, and by delivering a passbook, etc. in the name of the juristic person by delivering the passbook, etc. that was created under the name of the juristic person.” By consenting to this, C intended to establish a false juristic person and to commit the crime of transfer of passbooks in the name of a false juristic person by participating in the crime of transfer of passbooks in the name of the juristic person from that time

[B] Around October 2015, 2015, B proposed that “the credit of the Defendant, who is a convict, should be established in the name of the head of the Tong and distributed the head of the Tong by establishing a corporation.” Upon accepting the above, C’s consent, the certificate of personal seal impression and resident registration, which are documents necessary for the establishment and registration of change of the corporation, from the Defendant.

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