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(영문) 광주지방법원 목포지원 2019.07.05 2018고단1270
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten 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

After establishing a so-called “age-long company” that has no substance from a name-free person, the Defendant accepted a proposal that he would offer a price of KRW 500,000 per account when creating an account.

Therefore, the Defendant only intended to open and sell an account under the name of the company, and did not intend to establish and operate a company, such as paying capital and providing an office, and intended to open an account under the name of the corporation and then transfer the passbook, password, etc. connected to the above account to the person under the name of the company.

1. False entry, false entry, and electromagnetic records;

A. On August 29, 2017, the Defendant related to B filed an application for registration of incorporation with the name of “B stock company” under Gangnam-gu Seoul Metropolitan Government D and E, whose head office is the name of “B stock company” in the Seoul Central District Court’s registry office located in 14-3-gil, Seocho-gu, Seoul District Court as a director, Defendant C as an auditor, and 50,000,000,000 won.

In fact, although there was no intention to establish and operate a company, a registry official was allowed to enter the above registered matters in the commercial registration electronic information system, which is a public electronic record on the same day.

Accordingly, the defendant made a false report to record false facts in the commercial registration electronic information system, which is the same electronic records as the original of a notarial deed, and at that time, posted it for perusal.

B. Around September 18, 2017, the Defendant related to F, with documents necessary to establish a stock company, such as an identification card, a certified copy of resident registration, and a certificate of personal seal impression, and the Seoul Central District Court’s registration office located in 14-gil 14, Seocho-gu Seoul District Court, Seoul, as a director, the Defendant C, who is a defendant, as an auditor, the capital amount of four million won, and the head office

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