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(영문) 서울남부지방법원 2019.02.13 2018고단5395
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On August 18, 2017, the Defendant was sentenced to a suspended sentence of 8 months at the Seoul Southern District Court for a violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive on August 26, 2017.

【Criminal Facts】

1. False entry into public electronic records, and any event such as false entry into public electronic records;

A. On May 10, 2016, the Defendant established “B”: (a) did not pay the corporation capital; (b) did not intend to establish and operate a corporation as a director of the corporation; and (c) did not intend to establish and operate a corporation; (d) filed a false application for registration of incorporation with the Seoul Southern District Court (Seoul Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (e) filed an application for registration of incorporation with a public official in charge of registration in

Therefore, a public official in charge of the above registration, who is unaware of the above circumstances, shall enter the electronic data processing system in order to complete the registration of incorporation of “B” in the corporate register, and keep the said computerized corporate register in which the aforementioned false facts are recorded.

Accordingly, the defendant made a false report to a public official to record false facts in the corporate register in the same electronic records as the original of the notarial deed, and exercised it by having it kept in the computerized register of corporate register.

B. On June 21, 2016, the Defendant: (a) made a false application for registration of incorporation with respect to the registration of 129 Incheon District Court 129 Incheon District Court’s Vice-Support on the upper day of Gyeonggi-si, Gyeonggi-si; and (b) filed an application for registration of incorporation with a public official in charge of registration under the name-based omission.

Therefore, a public official in charge of the above registration, who is unaware of the aforementioned circumstances, shall enter the electronic data processing system in order to complete the registration of incorporation of a limited liability company C in the corporate register, and keep the aforementioned computerized corporate register in which the aforementioned false facts are recorded.

In this respect, the defendant is a public official.

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