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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Criminal facts
1. On March 21, 2018, the Defendant filed an application for registration of the incorporation of a limited company under the name of “D” with the registry office of Seoul Central District Court located in Seocho-gu Seoul, Seocho-gu, Seoul, as the center of Seocho-gu, Seoul, on March 21, 2018, by using the false entry into the public electromagnetic records, and the false entry into the public electromagnetic records, etc. and the false entry into the public electromagnetic records, etc., as the director, the capital of the Defendant, and
However, from the beginning, the Defendant applied for the establishment of a corporation for the purpose of transferring the account in the name of a financial institution to another person, and did not pay the capital, and the head office was merely 3.3 square meters and did not intend to establish and operate a company for the purpose of bicycle wholesale and retail business.
Nevertheless, the Defendant applied for the registration of incorporation of a juristic person as above and had a registry official who is aware of such fact on the commercial registration electronic information system, which is a public electronic record, input the above registered matters. From around that time to September 21, 2018, the Defendant applied for the registration of incorporation of a juristic person three times as shown in the annexed crime list 1 in the above manner, although he did not intend to establish and operate a juristic person.
Accordingly, the defendant made a false report to record false facts in the commercial registration electronic information system, which is the same electronic records as the original of a notarial deed, and at that time, posted it for perusal.
2. Where an account in the name of a corporation established in a bank interfering with business is used for a financial crime, etc., the bank must be liable for damages depending on whether the relevant corporation is a normal corporation, whether the relevant account is used for a normal financial transaction purpose, and other important confirmations in the bank’s business of opening the account.
The Defendant on April 2, 2018 shall be Seoul.