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The judgment of the court below is reversed.
The punishment of the accused shall be determined by one year and six months.
The Bank I shall relate to the Bank I.
Reasons
1. The sentence imposed by the court below on the grounds of appeal is too unreasonable.
2. Before determining the grounds for appeal on the market, it shall be deemed ex officio as to the event, such as an electronic record as set forth in paragraph (1) of the facts charged, a false entry, and an electronic record recorded falsely.
A. Article 228(1) of the Criminal Act is a crime legal interest protecting the public credibility of official documents, the special credibility of which is recognized. It is established by having a public official make a false report contrary to the truth and enter or register false facts inconsistent with the substantive relations, such as the original copy of the process deed or the same electronic record. Thus, even if there is no matter stated in the original copy of the process deed or there is a defect falling under the invalidation even if there is an appearance, if there is a defect falling under the invalidation, the statement constitutes a false entry (see, e.g., Supreme Court Decisions 2006Do88, May 31, 2007; 2005Do9402, Mar. 10, 2006). Meanwhile, even if a legal ground for invalidation exists in the issuance of new stocks of a corporation, even if the judgment becomes final and conclusive, the judgment becomes effective only by a lawsuit seeking invalidation of the issuance of new stocks, and even if the judgment becomes final and conclusive only in the future (Article 429 and 431 of the Commercial Act).
Thus, the act cannot be deemed as having made a false report to a public official or having made a false statement in a false statement (see Supreme Court Decision 2006Do8488, May 31, 2007). In addition, even if there are legal grounds for invalidation in the establishment of a company, even if there are grounds for invalidation in the establishment of the company, the company may be asserted only by means of action against shareholders, directors, or auditors within two years from the date of establishment of the company, and the judgment becomes effective.