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(영문) 서울남부지방법원 2018.05.30 2017고단6295
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant issued an application for registration of establishment of a false corporation to B using a certificate of personal seal impression, a certified copy of resident registration, etc. in the name of the Defendant, and had a public official in charge enter the contents of the above application into the registration book of the corporation of the commercial electronic data processing system, and used it by allowing the public official in charge to keep the commercial registration electronic data processing system in which the fact of such fraudulent fact is entered and used at least four times from that time to October 26, 2016, the public official in charge of the commercial information processing system to enter the false fact in the register book of the corporation of the commercial information processing system, such as a certificate of personal seal impression, a certified copy of resident registration, etc., and to exercise the commercial information processing system by allowing the public official in charge of the commercial information processing system to enter the false fact in the register of the corporation in the total of four times from that time to October 26, 2016.

2. Where a financial institution interference with business opens an account in the name of a corporation, if it is found that a corporation was falsely established and registered, the establishment of the account of the relevant corporation is prohibited, and if the facts are revealed thereafter, the authority of representation of the applicant for opening the account, such as suspension of transaction in the relevant account, etc., and documents evidencing such facts are important documents. In addition, where the relevant account is used for the crime of licensing, etc., the bank is liable to compensate for damages pursuant to the Electronic Financial Transactions Act depending on the negligence or negligence. Thus, it is important to confirm whether the relevant corporation is a normal corporation, whether the applicant for opening the account is a true representative of the relevant corporation, etc.

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