A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. False entry, such as public electronic records, and the defendant in such events, on July 2016, the defendant will establish a corporation and register a business operator in the name of the corporation, and offer 300,000 won per week after opening an account in the name of the business operator.

In response to the proposal to the effect that “the Defendant’s resident registration certificate, seal imprint certificate, seal imprint certificate, and identification card was given to the above person, and the above person under whose name the name was omitted made a lease contract, articles of incorporation, tax invoice, etc. necessary for the establishment of the corporation and delivered them to the Defendant.

Accordingly, on July 26, 2016, the Defendant entered false facts, such as the name, the head office address, and the total amount of capital of the electronic records, in the registration book of the Suwon District Court located in Pyeongtaek-si, 1036, in order to transfer the passbook, and in fact, the Defendant established a floating corporation and did not actually intend to operate the limited company C, but submitted documents necessary for the registration of the said corporation, such as the certificate of personal seal in the name of the Defendant, the registration certificate in the name of the Defendant, and the application for the registration of the limited company, and submitted to the public official in charge of the said registration book of the electronic records, and had the public official in charge enter such false facts, such as the company’s trade name, the address, and the total amount of capital, etc., in the electronic records, and exercised it by making it available at all times from that time to July 27, 2016.

Accordingly, the defendant, in collusion with the above person who was not aware of his name, entered false facts in the official electronic records and exercised it respectively.

2. Where a bank interfering with its business opens an account in the name of a corporation, the bank shall be liable for damages according to the Electronic Financial Transactions Act depending on whether the account is negligent if the account is used for a financial crime, etc. As such, whether the relevant corporation is a normal corporation, etc. is important for the opening of the account of the bank.