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(영문) 인천지방법원 2020.05.21 2019고단9378
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 2, 2018, the Defendant received a proposal that “When the Defendant establishes a corporation and opens an account in the name of the corporation, and acquires the means of access, such as passbooks, check cards, and OTP, he/she would provide loans after making the transaction performance of the relevant account for several months.”

1. On December 2018, the Defendant: (a) provided documents, such as an identification card necessary for the establishment of a corporation and a certificate of personal seal impression, etc., to the person in charge of false entry into public electronic records, etc.; (b) submitted documents concerning the establishment of a corporation to the court of Osan-si on December 13, 2018 to the public official in charge at the 65 Osan-si court registry; and (c) had the public official in charge of being aware of such documents enter the computer system in order to make the registration of incorporation of “B” in the commercial registration information system; and (d) had the public official in charge of being kept computerized corporate register records recorded around that time.

In addition, from around that time to December 14, 2018, the Defendant made a false report to a public official on a total of four occasions, such as attached Table 1, and made it recorded false facts in the commercial registration information system in the same electronic records as the original copy of a notarial deed and exercised it.

2. Where an account is opened in a bank interfering with business affairs, if the account is used for a financial crime, the bank is liable for damages depending on negligence, and whether the relevant corporation is a normal corporation, whether the purpose of opening the account is not lending or transferring the passbook, etc., and whether the purpose of opening the account is an important confirmation in the bank’s business affairs, and the bank collects a “written confirmation for financial transaction purpose” and opens a multiple account within a short term in order to eradicate the passbook.

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