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(영문) 대전지방법원 2018.10.04 2018고단2422
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant accepted a proposal from a person under whose name the Defendant “to pay for the transfer of a passbook after opening a passbook in the name of the juristic person.”

1. On April 28, 2017, the Defendant: (a) filed a false application for registration of a limited company C with the intent to establish and operate the account in the name of the company; and (b) filed a false application for registration of a limited company C with the intent to transfer the physical card, etc. connected to the account in the name of the company after completing registration of the establishment; (c) filed the said application with an employee under the name of the limited company C through the legal history, who is unaware of such circumstance to establish the said corporation; and (d) filed the said application with an employee under the name of the company and name of the non-member of the said corporation in the commercial register of electronic records, which is an electronic records pertaining to rights and duties, by submitting the said registration and the documents necessary for the establishment of the corporation; and (d) filed the said application with the employee under the name of the company C; and (e) recorded the said fact in the register of a limited company C with the head office of the Daejeon Metropolitan City, the capital of the Daejeon Metropolitan City, the “10,000,00” and the said fact.

2. On May 15, 2017, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) transferred a total of six times of access media from around the time of transfer to November 27, 2017, as indicated in the list of crimes, at the Daejeon Complex Terminal located in 1689, using high-speed bus housing units, including the transfer of a passbook in the name-based account under the name of the company C (E) with limited liability, and a physical card, an OTP card access medium connected to the said account, and the Defendant transferred a total of six times of access media from around that time to November 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. All financial information response data of limited companies, all financial transaction data of Nonghyup, certificates of registration, all registered matters, and

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