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(영문) 서울남부지방법원 2017.08.25 2016고단6454
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

1. On May 2016, the Defendant: (a) received a proposal from a person without his/her name to “to create a corporate passbook after creating a floating company, so that he/she can obtain loans by creating transaction performance in the corporate passbook; and (b) received a proposal from the representative of the Defendant, such as an electronic record, and an electronic record of false entry and false entry; and (c) received a proposal from a person with no name to make the corporate passbook available for loans.”

The Defendant: (a) on June 8, 2016, when the Defendant was the representative of the Defendant who was a limited liability company B; and (b) on the ground that he did not have invested KRW 10,000,000,000 in the capital, the Defendant requested employees in the name of the non-certified judicial scrivener office located in the Dong-dong, Geumcheon-gu, Geumcheon-gu, Seoul to “if he will establish a corporation that engages in wholesale and retail business, he would cause the corporation to do so by proxy,” and (c) around June 8, 2016, the Defendant had the said certified judicial scrivener office staff at the Geumcheon-gu, Seoul, Geumcheon-gu, Seoul, using the Defendant’s certified copy of the resident registration, certificate of seal impression, seal, etc. of the capital, “A” with the total amount of “10,000,000,000,000,000, and had the public official in charge submit the application for the registration of the limited liability company B to enter the electronic records system as above.

As a result, the Defendant made a false report to a public official, and recorded false facts in the same electronic record as that of the corporate registry, and around that time, exercised the same electronic record as that of the above corporate registry where false facts were recorded.

2. Where a bank interfering with business opens an account in the name of a corporation, the relevant account shall be made;

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