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(영문) 대구지방법원 서부지원 2020.04.01 2019고단2960
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. The Defendant, not for any actual business purpose, established a studal juristic person, and opened an account in the name of the said juristic person after opening the account in the name of the said juristic person, and formed a passbook connected to the said account and lent it to any other person;

On December 7, 2018, the Defendant: (a) requested the employees in charge of the said certified judicial scrivener office to establish a “stock company D” corporation; and (b) around that time, the said employees recorded false facts in the commercial electronic registry system, which is a public electronic record of the rights and obligations, in the column of the trade name of the application screen for the establishment of the company in the Internet Commercial Registry Electronic System; (c) “1,000,000 won” in the column of the capital amount; (d) the head office column “Seoul-gu E and the first floor; (e) the director column; and (e) the director column “A” and “F” in the audit column.

Accordingly, the Defendant recorded false facts in the commercial register electronic system, which is a public electronic record pertaining to rights and obligations, and around that time exercised the said system by allowing the Defendant to keep the commercial register electronic system, which is a public electronic record recording recording the false facts.

2. On December 6, 2018, the Defendant violated the Commercial Act: (a) deposited KRW 1,000,000 in the G bank account (Account Number: H) under the name of the Defendant; (b) temporarily created an integrated balance certificate proving capital; (c) had the staff of the certified judicial scrivener office submit it through the commercial register electronic system; and (d) withdrawn it on December 7, 2018, on the following day.

Accordingly, the defendant pretended to pay contributions.

3. On January 2019, the Defendant violated the Electronic Financial Transactions Act may obtain a loan by raising credit rating from a person who was unaware of his/her name in front of the J in Daegu-gu, Seo-gu.

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