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(영문) 전주지방법원 2018.01.19 2017고단2034
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

1. On March 31, 2016, the Defendant: (a) at the Jeonju District Court Kim system registry of the Jeonju District Court, which was held in Kim Jong-gu on March 31, 2016, the fact was a juristic person with no intent to operate C; and (b) even though it was a juristic person with no substance, the public official affiliated with the above registry office, who is not aware of the fact, submitted necessary documents, such as an application for registration of establishment of the company that made the Defendant as the representative, to enter false facts concerning the above juristic person into the commercial electronic records register system, which is a public electronic records pertaining to rights and obligations; and (c) exercised the said system

2. On April 1, 2016, the Defendant violated the Electronic Financial Transactions Act: (a) opened a bank account in the name of a national bank account (D) in the name of the corporation C, a corporation of the same age, at the Dong-dong and Seodong-dong branch of the National Bank, in order to establish a bank account in the name of the corporation C, a corporation of the same age, at the same location; (b) there is no substantial disadvantage to the Defendant’s exercise of his/her right to defense without going through the procedures for amending amendments to the Cash Card; and (c) thus, the “cash card

B transferred the access medium to the name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting of cyber crimes;

1. Details of the Kakao Stockholm dialogue;

1. Egrespondic photographs of the website screen;

1. Certification of transfer transactions, inquiry table of customer information, application for new transactions, business registration certificate, details of entry and withdrawal transactions;

1. A certified copy of the corporate registry (C);

1. A report on incorporation of a corporation, a real estate lease agreement, and a list of shareholders;

1. Application of Acts and subordinate statutes for investigation report (the date and place of transfer of suspect A head of Tong);

1. Article 228(1) of the Criminal Act for criminal facts (a false entry, such as electronic records), Articles 229 and 228(1) of the Criminal Act (a) of the same Act for criminal facts, and Articles 49(4)1 and 6(3) of the same Act for each electronic financial transaction.

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