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(영문) 인천지방법원 2018.08.13 2018고단4103
공전자기록등불실기재등
Text

Defendant

A and B Imprisonment for 10 months, and Defendant C for 8 months, Defendant D, E, F and G, respectively, shall be punished by imprisonment for 6 months.

Reasons

Punishment of the crime

The Defendants: (a) established a company and had no actual intent to operate the company; (b) established a floating corporation; (c) acquired the existing floating corporation and registered as a director; and (d) used this to open an account in the name of the corporation; and (c) intended to transfer the passbook, cash card, etc., which is an access medium connected to the account.

1. False entry and events, such as electronic records, etc. for public use;

A. On July 28, 2015, Defendant A opened a passbook and submitted a false application for registration of a juristic person with no intent to establish and operate the juristic person, and filed an application for registration of incorporation of the juristic person with no intent to establish and operate the juristic person, in the Suwon District Court, No. 212-ro, 69, Ganyang-gu, Ansan-si.

The registry official, who is unaware of such circumstance, entered the electronic data processing system in order to complete the registration of the incorporation of the limited company I in the corporate registry, and kept the electronic data processing system of the above corporate registry in which the false facts are recorded as above.

From that time until January 15, 2018, the Defendant made a false report to a public official more than 12 times by means of the same method as “A” in the attached Table I (A), and had him record and exercise the false fact in the corporate registry, which is an electronic record, the same as the original copy of the fairness deed.

B. On July 2015, Defendant A and F’s joint crime proposed to the effect that “A created and sold a passbook to establish and sell a corporation” to Defendant F, and Defendant F accepted it at the above Anyang Support Registry on the 28th day of the same month. The fact was merely the purpose of opening and selling the passbook as above, and it was merely a director of the corporation, who was actually a director of the corporation, prepared and submitted a false application for registration of the corporation, and applied for registration of the incorporation of the corporation.

A registry official who is not aware of such a circumstance shall be computerized in the corporate registry.

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