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(영문) 의정부지방법원 2017.02.08 2016고단5312
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the District Court on April 8, 2016, and the sentence became final and conclusive on April 16, 2016.

On March 2015, the Defendant received a proposal to lend KRW 20 million to a third party who opened an account from a person without his/her name and accepted it, and decided to open an account in the name of the juristic person after completing the registration of the incorporation of the juristic person.

1. On March 12, 2015, the Defendant: (a) drafted a false application for registration of a corporation, as if he/she had established a “D” for the purpose of the 302-22 product comprehensive wholesale business, etc. on the 6th floor of the Seoul Northern-gu Seoul Northern District Court’s Dobong-gu Seoul Northern District Court’s Dobong registry around March 12, 2015.

However, the defendant did not intend to actually establish and operate the company as the representative director, and did not actually pay the capital to hold the corporation or establish the corporation's office.

Nevertheless, the Defendant submitted a false application for registration of a juristic person prepared as above to a public official in charge of registration under his name who knows the fact so that it can be recorded in the computerized register of the juristic person so that the establishment of “D” can be completed.

Therefore, the defendant made a false report to a public official, and made a record of false facts on the electronic records register of a corporation, which is an electronic records, and at that time, exercised a public electronic record stating false facts.

In addition, from March 11, 2015 to March 12, 2015, the Defendant filed a false report with respect to a public official at least three times in the same manner as in attached Table 1 list of crimes, and had him/her record false facts on the computerized register of a juristic person which is an electronic record, and had him/her keep it at that time, and exercised an official electronic record stating false facts.

2. Any person who violates the Electronic Financial Transactions Act shall be engaged in electronic financial transactions;

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