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(영문) 의정부지방법원고양지원 2020.09.17 2019고단3804
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2019, the Defendant: (a) received a proposal from a deceased person on his name, who was named as a deceased person, to “a false corporation; (b) opened an account in the name of the juristic person; and (c) transferred passbooks, physical cards, etc., to give KRW 3 million in consideration of the proposal; and (c) established a floating juristic person; and (d) decided to open an account in the name of the juristic person and transfer it to

1. On January 3, 2019, the Defendant: (a) temporarily created a balance certificate of KRW 3,00,000 capital in order to pretend that he/she did not intend to hold the paid-in capital of “D” and “E” in fact; (b) withdrawn the above amount on January 4, 2019; and (c) around January 7, 2019, the Seoul Central District Court registered in Seocho-gu, Seoul, the Seoul District Court as its registry, issued a false application for the establishment registration of “D” with the capital of KRW 3,00,000,000,000,000 to the public official in charge of corporate registry; and (d) submitted a false application for the establishment registration of a corporation with the above purpose as a director and with the capital of KRW 3,00,000,000,000 to the public official in charge of corporate registry registration; and (d) submitted it to the public official in charge of the foregoing commercial information processing system to exercise the corporate registry.

2. A person violating the Electronic Financial Transactions Act is prohibited from transferring the means of access to electronic financial transactions issued by a financial institution. However, the Defendant intended to use the said means for tax reduction or exemption from the name of the deceased on January 1, 2019 for a “divers” company, under the name of the Defendant.

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