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(영문) 광주지방법원 목포지원 2017.05.19 2017고단277
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 2016, the Defendant: (a) established a juristic person from a person in the name of the first police officer, completed the registration of the juristic person; (b) opened a bank account in the name of the juristic person; (c) improved the credit rating by using a bank account; and (d) obtained a proposal to lend KRW 20 million at a interest rate of 2.5% per annum.

On July 21, 2016, the Defendant: (a) around 29, as a definition of Sinpo City, did not establish B of the Gwangju District Court; and (b) did not have invested in the said company; (c) through a certified judicial scrivener C, the Defendant submitted a certificate of personal seal impression in the name of the Defendant; (d) an application for registration of incorporation of a limited company; and (e) submitted documents necessary for registration of the said corporation; and (e) had the public official in charge enter false facts, such as the trade name, address, and total amount of capital of the said limited company B; and (e) exercised the said registration by having the public official in charge keep the commercial registry at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on the commercial lease agreement, the articles of incorporation (B) and the certificate of seal imprint of limited company B;

1. Relevant legal provisions of the Criminal Act, Article 228(1) of the Criminal Act (the re-issuance of an official electronic record, etc.), Articles 229 and 228(1) of the Criminal Act (the occupation of an event, such as an electronic record, etc., false entry), and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the official electronic records showing poor scope of the recommended punishment is used on the sentencing criteria, the crimes for the use of such electronic records shall not be treated as multiple offenses, and shall be treated as sentencing persons only;

[Scope of Recommendation] Type 1 (Non-Business, Non-Organizational, Non-Business, Non-Organizational) basic area (8-2 years) (a person with special sentencing) such as forgery, alteration, etc. of official documents, etc.

2. Determination of sentence: Imprisonment with prison labor for up to eight months;

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