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(영문) 인천지방법원 2019.10.17 2019고단5914
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant, even though he did not intend to establish and operate any public or private electromagnetic records, etc., shall establish and establish an old corporation, and shall open a passbook in the name of the juristic person and deliver it to B, who is a solicitation book of passbook, to receive compensation of the amount equivalent to 1.5 million won every month;

Around August 5, 2019, the Defendant: (a) had no intent to establish and operate an actual corporation, such as the establishment of a limited liability company D office in Seo-gu Incheon, Seo-gu, Incheon; (b) had an intent to establish and operate a corporation; (c) made a false application for registration with the Defendant as a manager; and (d) filed an application for the registration of incorporation with a public official in charge of the registration of the Incheon District Court.

A public official in charge of registration, who is unaware of the above circumstances, entered computerized information in order to complete the registration of incorporation of a limited liability company D in the corporate register.

Accordingly, the defendant made a false report to a public official, and made him record false facts in the same electronic records as the original of the notarial deed, and exercised it by keeping it in the computerized register of juristic persons.

2. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts;

Nevertheless, on July 2019, the Defendant, while living together with B, who became aware of in order to seek a job for policeman in Incheon and online game, proposed that “if he/she receives Kwikset Service, he/she will give KRW 5-100,000 per case to Kwikset and will bring KRW 300,000 per case to Kwikset without Kwikset Service.”

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