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(영문) 인천지방법원 2020.08.27 2020고단1024
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

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 October 2017, the Defendant: (a) received a proposal from a person without the name of a police officer to the effect that “on the face of the transfer of passbook, physical card,OTP, password, etc. after opening an account in the name of a juristic person; (b) established and registered a tentatively named “old juristic person; and (c) opened an account in the name of a juristic person using the nominal name; and (d) used the passbook, cash card, etc., which is a means of access connected to the said account.”

1. False entry, false entry, and electromagnetic records;

A. On October 2017, the Defendant: (a) had a public official in charge of the foregoing corporation enter “B” as “10,000,000,000 won in the total amount of capital of the commercial electronic computer system,” and (b) had the said public official enter “B” as “10,000,000,000 won in the total amount of capital of the commercial electronic computer system,” and had the said public official enter “10,000,000,000,000 won in the commercial electronic computer system, which is a public electronic record, in order to obtain a loan only without actually paying the capital; and (c) had the public official established a corporation to obtain a loan without having gone through a meeting to prepare the articles of incorporation or taking office; and (d) had the employees of the said office delegated the registration work, as if they were duly establishing “B” in the registration of the establishment of the said corporation on October 1, 2017.

Accordingly, the defendant makes a false report to a public official to record false facts in the corporate register in the same electronic records as the original of the notarial deed, and to keep them in the electronic register.

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