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(영문) 대법원 2020.03.26 2019도3531
전자금융거래법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court rendered a not guilty verdict on each point of the facts charged in this case’s public records, electronic records, etc. and the exercise of false public records, electronic records

Where it is possible to deem that members, etc. of a limited liability company have established by registering the incorporation in accordance with the requirements and procedures for the establishment of a company in accordance with the provisions of the Commercial Act and other Acts and subordinate statutes, such as the Commercial Act, the registration of incorporation of a company and the details thereof shall not constitute the

At the time of incorporation of a company by employees, there was an intention or purpose of committing a crime using the company without actually operating the company.

solely on the ground that a company did not have the substance of its business, such as human or physical organization, cannot be deemed to have recorded false facts in the corporate register.

(2) In light of the aforementioned legal principles and records, the lower court did not err by misapprehending the legal doctrine on the establishment of the crime of false entry into public electronic records, etc. and the crime of uttering of false entry into public electronic records, etc., contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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