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(영문) 전주지방법원 2019.08.12 2019고단250
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On June 12, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud in Hongsung Branch of the Daejeon District Court for the purpose of fraud on January 29, 2014, and completed the execution of the sentence on January 29, 2014 by special amnesty.

【Criminal Facts】

1. Upon receipt of a proposal stating that “When a corporation is established in the name of the defendant, the defendant will give a loan,” from a person who made contact with an Internet advertisement on June 24, 2016, the former Special Self-Governing Province court, which was located in the name of the defendant, issued the certificate of personal seal impression, resident registration, and identification card under the name of the defendant, and issued the above name to the person in charge of the registration of the establishment of the corporation without any intention to operate the business according to the purpose of the registration. The above false statement and false application for the establishment of the corporation were submitted to the public official in charge of the registration, and the public official in charge of the registration was sent the certificate of personal seal impression, resident registration, and identification card in the name of the defendant, without any actual payment of the capital and no intention to operate the business for the purpose of the registration. The public official in charge was in charge of the commercial electronic data processing system, which is a public electronic recording similar to the commercial register, thereby making the person in charge of the fact enter the above fact into the electronic data processing system.

Accordingly, the defendant conspireds with the person who was not entitled to the name, made a false report to enter false facts in the corporate register, which is the same electronic records as the original of the authentic deed, and around that time, exercised the above registration office by keeping it on the register.

2. Any person who violates the Electronic Financial Transactions Act shall be aware of the use and management of the means of access for a crime or for a crime, unless otherwise specifically provided for in other Acts.

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