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(영문) 대전지방법원 천안지원 2018.01.12 2017고단2069 (1)
공전자기록등불실기재등
Text

A fine of 4 million won shall be imposed on the crime of re-performance of a false electronic record, such as an electronic record, etc., in which the Defendant rendered a judgment, and the crime of a false electronic record.

Reasons

Punishment of the crime

1. On July 2016, the Defendant, such as a false entry into a public electronic record, a false entry into an electronic record, etc., shall pay KRW 3 million in cash using a telephone from a person who was aware of his/her name through an Internet advertisement, who opened an account in the name of a juristic person after establishing the old-age juristic person under the name of the party, and transfer it to the account in the name of the juristic person.

“To receive the proposal,” and accepted it.

From the end of July 2016, the Defendant: (a) transferred the Defendant’s seal imprint certificate, seal imprint certificate, resident registration certificate, and copy of his/her identification card necessary for the establishment of a corporation; (b) around July 27, 2017, the Defendant did not establish a limited company C in the name of the Defendant; and (c) did not have invested capital in the name of the Defendant, the Defendant submitted to the competent public official an application for registration of incorporation of a limited company, stating false matters, such as “C and the head office of Gyeonggi-do, D, 301, 15,00,000,000, and director “A,” and (d) around that time, submitted to the competent public official an application for registration of incorporation of a limited company, stating false matters in the name of the Defendant, such as “C and the head office of Gyeonggi-do, 301, 15,000,000,” and had the said corporation preserved and perused the register.

Accordingly, the defendant, in collusion with the person who was unable to make his name, made a false report to the public official and made the public official enter false facts in the register of the juristic person which is an electronic record, and exercised it.

2. No person who violates the Electronic Financial Transactions Act shall lend any means used in electronic financial transactions in return for receiving, demanding or promising the consideration therefor;

On August 11, 2016, the Defendant sent the post office account (E), the credit cooperative account (F), two accounts of the agricultural cooperative account (G, H), and the Korean bank account (the passbook and the OTP card connected to I) to the above party, and received KRW 3 million in cash from the above person under the pretext of the fee from the above person under the name of the account in the south-gu flow-dong, Nam-gu, Seocheon-gu., the Defendant received KRW 3 million from the above person under the name of the above person under the name of the account.

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