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A defendant shall be punished by imprisonment for not less than eight months.
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
"2019 Highest 429"
1. The Defendant, who posted a false entry into public electronic records, etc., and the false entry, false entry, and electromagnetic records, shall hear the statement that “the Defendant sent a certificate of personal seal impression, etc. in the name of the Defendant to obtain a loan of KRW 30 million in the name of his/her old company,” and around October 7, 2017, he/she issued a personal seal impression, etc. in the name of the Defendant to the above person under his/her name and issued it to the above person under his/her name, and the above person under his/her name and submitted a modified application for registration to the public official in charge at the Seoul Central District Court registry around November 7, 2017.”
However, the defendant was the actual director of the above corporation B and had no intent to operate the corporation, and was the purpose of receiving a loan in the name of the corporation with the help of a person with no name.
Accordingly, the defendant, in collusion with the above person who was not aware of the fact, had a public official in charge record the fact that the defendant was the only director of the corporation B in the electronic records commercial registration electronic data processing system, which is the same as the original copy of the notarial deed, and had him keep it.
2. No person who violates the Electronic Financial Transactions Act may transfer or acquire a means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of electronic financial transactions;
On November 16, 2017, after the Defendant became the only director of corporation B as described in paragraph 1, the Defendant opened a corporate bank account (C) in the name of the company bank located in Seoul Special Metropolitan City, Nowon-gu, at the Gong branch office of the company bank located in 1073, and sent one OTPP security card connected to the above account to the above bearer, and notified the authorized certificate and password.
Accordingly, the Defendant transferred the means of access to electronic financial transactions.