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(영문) 서울동부지방법원 2020.10.29 2020노703
전자금융거래법위반등
Text

The judgment below

Paragraph 2 of the 2019 Highest 3692, and Paragraph 1 and 2 of the 2020 Highest 1176, respectively.

paragraphs 3 and 3-A

(b).

Reasons

Summary of Grounds for Appeal

A. The crime of misconception of facts and misunderstanding of legal principles with respect to false entry in public electronic records is established by entering or recording facts in special media, such as electronic records identical to the original copy of a notarial deed, and thus, the specific fact of false entry should be specified as the constituent elements of the crime.

In addition, in this case, although the defendant et al. did not actually have paid the capital in the establishment of a company, the public prosecution was instituted to the effect that the crime of false entry into public electronic records, etc. is established by making the false entry into public electronic records as if the capital was paid-in. Thus, the indictment and the crime log table (2) as stated in the judgment below should specify the "the fact of false entry into public electronic records, etc." as an element of the crime

However, this part of the facts charged does not specify specific contents such as the company's capital stock, etc., so the defendant should be sentenced to a judgment dismissing the prosecution pursuant to Article 327 (2) of the Criminal Procedure Act.

B. The lower court’s imprisonment (six months of imprisonment and five years of imprisonment) against the Defendant is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the case at the trial, and the prosecutor applied for changes in the indictment by adding the phrase “non-performing facts” as shown in the attached Form 2 to the “crime List (2)” in relation to Article 2020 MaMa1176 of the judgment of the court below as stated in the judgment of the court below, and applying for changes in the indictment by allowing it to be changed.

Article 2 (2) of the 2019 Highest 3692 case and Article 2 of the 2020 Highest 1176 case in the judgment of the court below which found the defendant guilty of the above crime and the defendant whose indictment has been modified.

subsections, ...

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