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(영문) 인천지방법원 2017.02.15 2016고단8484
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant was sentenced to a fine of KRW 5 million in violation of the Electronic Financial Transactions Act by the Incheon District Court on December 9, 2016, and the said judgment became final and conclusive on December 9, 2016.

1. On November 2015, the Defendant established a stock company from a person without his/her name to make a registration of a juristic person, and accepted the establishment of a bank account under the name of the juristic person to offer access media at KRW 1 million, and received a certificate of personal seal impression, a certified copy of resident registration, etc. necessary for the establishment of a stock company from a person without his/her name, and affixed his/her seal impression along with the head of a seal imprint upon receipt of a certificate of personal seal impression, a certified copy of resident registration, etc.

On December 17, 2015, Suwon District Court's registry in Suwon-ro 7 of the wife population in Gyeonggi-do, and the fact is, despite the fact that the corporation was established B, by submitting documents necessary for the registration of the corporation, such as a certificate of personal seal impression in the name of the defendant, an application for registration of incorporation of the corporation, etc., and having the public official in charge of the above registration and the public official in charge enter the false facts, such as the trade name, the address of the head office, and the total amount of capital of the corporation, which is an electronic record, into the commercial registration book, and exercised it by allowing the public official in charge to keep

Accordingly, the defendant, in collusion with the person who was unable to use his name, made a false report to the public official and made the public official enter false facts in the electronic records and exercised it.

2. No person shall transfer or acquire any access medium;

Nevertheless, on December 23, 2015, the Defendant opened the National Bank Account (C) and the Agricultural Cooperative Account (D) under the name of the Co., Ltd. B, and transferred the access media by notifying the name-oriented party of the passbook, physical check, OTP card, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (Attachment to a detailed statement of suspect transactions);

1. Acts and subordinate statutes certifying all matters to be registered;

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