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(영문) 인천지방법원 2020.03.13 2019고단8549
공전자기록등불실기재등
Text

Defendants shall be punished by imprisonment for one year.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Defendant A] On May 29, 2019, the Suwon High Court sentenced Defendant A to two years of suspended execution for one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), and the judgment became final and conclusive on June 6, 2019.

【Criminal Facts of Crimes】 The Defendants responded to the proposal from the main point of view that they work as a water and become aware of it, Defendant A and Defendant B, around January 2017, respectively, and around December 2017, respectively, to the effect that “if the account to be used in the operation of the private gambling site is necessary, if the account is transferred to the corporate account by the establishment of the corporation, it would pay KRW 10 million to the corporate account.” From February 2018, the Defendants were willing to establish the corporation and sell it to the corporate account.

1. False entry into public electronic records, and any event such as false entry into public electronic records;

A. On January 23, 2017, Defendant A prepared an application for the establishment of a corporation in accordance with the proposal of the person who was unable to sell the account under the name of the corporation and submitted it to the public official in charge of registration and applied for the establishment of the corporation.

A public official in charge of the above registration, who is unaware of such circumstance, entered the electronic data processing system in order to complete the registration of incorporation of " C (D)" of a defendant who is a director in the corporate register, and kept the electronic data processing system in which the aforementioned false facts are recorded.

As a result, Defendant A made a false report to a public official to record false facts in the corporate register in the same electronic records as the original of the authentic deed, and exercised it by having the public official keep it in the computer register.

B. On December 12, 2017, Defendant B’s sole criminal act of Defendant B, who was a director of the Seoul Central District Court in Seocho-gu, Seoul, the registry office of the Seoul Central District Court, and sold the corporate account under the name of the corporation without an intent to operate it.

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