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(영문) 전주지방법원 2018.01.25 2017고단2431
공전자기록등불실기재등
Text

In four months of imprisonment with prison labor and two months of imprisonment with prison labor for the crimes of No. 2 of the ruling, each of the crimes of No. 1 of the defendant's judgment.

Reasons

Punishment of the crime

[criminal records] On August 28, 2015, the Defendant was sentenced to the suspension of the execution of the imprisonment of six months for fraud at the Gunsan Branch of the Jeonju District Court on December 19, 2015, and the judgment became final and conclusive on December 19, 2015. On October 25, 2017, the Jeonju District Court sentenced the suspension of the execution of one year for a violation of the Electronic Financial Transactions Act to the imprisonment of four months for the violation of the Electronic Financial Transactions Act and became final and conclusive on November 2, 2017.

[Criminal facts]

1. The Defendant, such as a false entry into a public electronic record, and a false electronic record, will grant a loan to a person in an unsound name if he/she establishes a legal account by establishing a legal entity under the name of the Defendant.

Upon receipt of the proposal to the effect that “,” it was intended to create a “age company” without any entity, and to open and transfer the account in its name.

On November 30, 2015, the Defendant filed an application for registration of incorporation of a limited company with limited liability with the purpose of “10 million won” and “processing and selling fishery products” with the director’s “A”, “D”, the head office of the limited company, “E and 202 if the Defendant did not go beyond Korea”, “10 million won”, and “processing and selling fishery products,” etc., by submitting documents necessary for establishing a limited company, such as investment receipts, etc. certifying the payment of contributions through the office of a certified judicial scrivener.

However, the Defendant applied for the establishment of a legal entity for the purpose of opening and transferring a financial institution account in the name of the legal entity in order to obtain a loan, and the said limited liability company did not have any substance, such as the name of the legal entity and no director was prepared by the articles of incorporation or appointed through a general meeting of members. The Defendant did not intend to operate the limited liability company.

The defendant filed an application for registration of establishment as above and had a registry official who is aware of such fact enter the above registered matters in the commercial register computer system.

Accordingly, the defendant is not guilty in the commercial register computer system, which is an electronic record identical to the original of a process deed.

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