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(영문) 수원지방법원 안산지원 2018.02.14 2017고단3749
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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.

Reasons

Punishment of the crime

The Defendant, through Internet search, established a so-called “age-based company” from a person who was unable to contact, and opened and sent an account under the name of the company, was offered a proposal that would enhance the company’s transaction performance and increase credit rating, and received a loan from a person who was not his name, and then received documents related to the incorporation of the company, such as a certificate of capital payment, from the person who was not his name.

1. On March 22, 2016, the Defendant filed an application for the establishment of a limited company B with the name and in accordance with the orders of the non-defluence winner in the registration office of the Suwon District Court (Seoul District Court) on the following occasions: (a) the fact was not a juristic person to conduct the actual business, but a juristic person to open and distribute an account under the name of the juristic person after its establishment; (b) the Defendant was not a juristic person and was appointed as a director through due process; and (c) even though the Defendant was a floating company with no real substance, such as the fact that he was duly appointed as a director through due process, the application for registration of establishment, company’s articles of incorporation, and capital payment certificate, etc. were submitted to the commercial electronic records processing system, and the head office of Gyeonggi-do, the head office of Gyeonggi-do, the amount of 1,000 won per share, the total amount of capital stock, “20,000,000 won,” and the fact was recorded and kept at around the time of exercising the company.

Accordingly, the defendant, in collusion with the person who was unable to make a false report, made a false report to enter false facts in the official electronic records and exercised it.

2. On April 29, 2016, the Defendant violated the Electronic Financial Transactions Act: (a) opened a new cooperative account with limited liability in the name of the company B (D) in an Ansan-si, Dong-dong, Ansan-si; and (b) around that time, opened a passbook, physical card, OTP, and password in the vicinity of the central station located in the Gu, Ansan-si, a member of Ansan-si.

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