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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 2, 2016, the Defendant: (a) received a proposal from a person without his/her name, stating that “I would establish a false juristic person, open a bank account in the name of the juristic person, and use it for six months if I lend passbook, check card, etc., and pay the price in three million won every three months; and (b) opened the account in the name of the juristic person and lent it to the person with no name.”
1. On January 2, 2017, the Defendant: (a) prepared a false application for the establishment registration of a company’s name in the Seoul Central District Court registry in Seocho-gu, Seoul, Seoul, Seoul, with the intention of opening and lending an account in the name of a juristic person; (b) prepared a false application for the establishment registration of a limited liability company B with the Defendant as a manager, and the capital of which is KRW 5,500,000, and submitted it to the public official in charge of the name in charge; (c) had the public official in charge of the foregoing false establishment enter the above application in the corporate register of the commercial electronic data processing system; (d) around that time, by allowing the public official in charge to keep the commercial electronic data processing system with the fact of such false establishment and use it by allowing the public official in charge of the aforesaid method to use the same by making a false report to a public official on a total of four occasions as shown in the attached list of crimes from the same day to January 17, 2017.
2. No person who violates the Electronic Financial Transactions Act shall lend any means of access issued by a financial institution for compensation;
Nevertheless, around January 10, 2017, the Defendant is in the vicinity of the “D Bank D Bank C’s C Station” located in Gangseo-gu Seoul, Gangseo-gu, Seoul.