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(영문) 인천지방법원 2018.03.08 2018고단204
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

1. On February 26, 2015, the Defendant: (a) on February 26, 2015, the fact in the Incheon District Court’s registry located in 881, as in the Nam-gu Incheon Metropolitan City, was not established in Gyeyang-gu, Incheon District Court; (b) on the basis of personal seal certificates, resident registration certificates, and certified copies of the Defendant’s name, the applicant filed an application for registration of establishment of a false corporation with the director A, capital 1,000,000 won with the company; and (c) on the other hand, a public official in charge of such false establishment was allowed to enter the details of the above application in the corporate registration book of the commercial registration information system; (d) around that time, by having the public official in charge keep the commercial registration electronic data processing system that has entered such insolvency in the commercial registration system; and (e) had the public official in charge enter the application in the commercial information system from No. 24 to Oct. 3, 2015.

2. Where a financial institution interference with business opens an account in the name of a juristic person, if it is revealed that a juristic person was falsely established and registered, the establishment of the account of the juristic person concerned shall not be permitted, and if the facts are revealed thereafter, the representative authority of the applicant for opening the account, such as suspension of transaction in the relevant account, etc., and documents evidencing such facts are important documents. In addition, where the relevant account is used for crimes such as singing, etc., the bank shall be liable for damages under the Electronic Financial Transactions Act depending on whether it is a normal juristic person or not, and the account applicant is the true representative

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