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(영문) 서울북부지방법원 2019.07.24 2019고단1784
공전자기록등불실기재등
Text

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

1. On January 12, 2018, the Defendant: (a) made a false application for registration with a registry office located in Seocho-gu Seoul Central District Court located in 14-ro 3-ro, Seocho-gu, Seoul District Court; and (b) made a public official in charge of registration with no name to file an application for registration with a registry office, even though the Defendant did not pay the corporation capital and did not intend to establish and operate a registry office.

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.

2. The Defendant interfering with business: (a) established a corporate body B with limited liability companies in the registry state of the Seoul Central District Court; and (b) completed the business registration from the calendar station located in 114, Gangnam-gu, Seoul, Seoul, on January 24, 2018, to a limited liability company B; and (c) established a limited liability company B at the active branch of the Incheon Seo-gu, Incheon, Nam-gu, Incheon, to engage in the actual mobile phone and mobile phone X-gu retail business; (d) submitted a business registration certificate, a certificate of registration, a certificate of personal seal impression, etc.; (e) filed an application for the opening of the account under the name of a limited liability company B; (e) made a false answer in the process of “written confirmation of financial transaction purpose” by having opened the account under the name of the said corporation by fraudulent means; and (e) obstructed the opening of the account in the name of the victim bank from July 5, 2018 to July 5, 2018.

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