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(영문) 부산지방법원 서부지원 2019.02.21 2018고단2782
공전자기록등불실기재등
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

[Defendant B, Defendant C] Defendants are punished by imprisonment with prison labor for each of October.

Reasons

Punishment of the crime

The Defendants established a juristic person from Doin D (a detention charge on September 13, 2018), opened an account in the name of the juristic person, opened it in the name of the juristic person, and lent it to a third party and divided payment. Upon receiving a proposal, the Defendants established a floating juristic person by providing D with a seal imprint, etc. necessary for the establishment of the juristic person. After opening an account in the name of each juristic person, the Defendants opened an account in the name of each juristic person and issued it to D by making a password, an OPT device, a physical card, etc., and D conspired to lend it to the operators such as the Internet gambling site, etc. which requires the borrowed account.

1. Defendant A

A. On April 2017, the Defendant provided the foregoing D with documents necessary for the establishment of a corporation, such as a seal imprint, certificate of personal seal impression, and resident registration certificate, according to the foregoing public offering. On April 27, 2017, the Daejeon District Court’s Branch registration division located in 14-7, Dong-gu, Seoan-gu, Seoan-gu, Seoan-gu, Chungcheongnam-gu, Daejeon District Court: (a) around April 27, 2017; (b) had the employees of the certified judicial scrivener office report as if they were operated by the Defendant; and (c) the public official in charge of corporate registration, who was unaware of the fact, entered the fact that the company G was established on the same day, into the electronic information system, and stored the electronic information system in the corporate register system around that time.

As such, the Defendant, in collusion with the above D, filed a false report to the public official in charge of corporate registration to record false facts in the official electronic records such as the original copy of the authentic deed, and exercised public electronic records by making the electronic information system on corporate register where the false facts are recorded, stored and operated.

(b) Any person violating the Electronic Financial Transactions Act shall, unless otherwise specifically provided for in any other Act, receive, demand or promise any consideration, or commit any offence with respect to the use and management of the means of access.

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