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(영문) 대전지방법원 2019.11.29 2019고단3514
공전자기록등불실기재등
Text

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

2,715,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On October 2015, the Defendant related to a limited liability company B received a proposal from a person who has no name (title C) to seek a corporate passbook to be used on the gambling site, stating that “I will open a corporate account and give KRW 2 million each month if the means of access are to be transferred.” In order to create a “old company” with no substance, and open an account in the name of the company, and then lend the means of access connected thereto to the said C.

On October 30, 2015, the Defendant submitted documents necessary for the establishment of a limited company, such as the articles of incorporation, written consent from all the members, and written acceptance of appointment made by the Defendant, and filed an application for registration of incorporation of a limited company with the name of “B,” “D Apartment E”, “30,000,000 won total amount of capital,” “computer Do, retail business, etc.”.

However, in fact, the Defendant opened an account under the name of the corporation from the beginning and applied for the establishment of the corporation to lend the name in bad faith and to receive the price therefor, but did not intend to establish and operate the said company for the purpose of computer Do and retail business, and the said company was a company without any substance established by the Defendant only on documents without such capital.

Nevertheless, the Defendant applied for the registration of incorporation of a limited liability company as above and had a registered public official who is aware of such fact enter the above registered matters in the commercial register computer system.

Accordingly, the defendant made a false report to record false facts in the commercial register computer system, which is the same electronic records as the original of a notarial deed, and had it kept around that time.

(b) Anyone who violates the Electronic Financial Transactions Act.

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