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(영문) 광주지방법원 목포지원 2017.11.24 2017고단1043
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 1, 2016, the Defendant: (a) filed a false entry in the public electronic records, such as a false entry, false entry, and false electronic records; and (b) filed a computerized entry of false facts, such as the certificate of incorporation, written consent of all members, a resolution of the majority of directors, a certificate of payment of contributions, a receipt, and a statement of withdrawal, with the said public official on the same day, through employees in the name of the said registry office, although the Defendant did not establish a limited liability company B or paid the capital of B, the fact was insufficient; and (c) filed a computerized entry of such false facts as the “mutual limited company B, Jeonnam-do building, 603, 10 million won,” in the commercial register computer system, which is an official electronic record, into the computerized register; and (d) exercised the said register by making the said commercial record recorded on the same day.

2. Violation of the Electronic Financial Transactions Act;

A. On December 9, 2016, the Defendant received one head of Tong and one OTP, which is an access medium connected to the post office account (E) opened in the name of the company listed in paragraphs (1) and (1), from the person in whose name the Defendant received KRW 500,000 from the person in whose name the Defendant received, and transferred the same to the person in whose name the Defendant via Kwikset service article.

B. On March 2, 2017, the Defendant: (a) received KRW 500,00 from a person who was in a name in a false name and transferred Kwikset service article via Kwikset service provider, who was linked to the NH Nonghyup Bank Account (G) opened in the name of the said company B; (b) KRW 500,000 from a person who was in a name in a false name.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A detailed statement of transactions for remitting money from damage;

1. Application of the statutes on outputs of articles of incorporation B of a limited company;

1. Article 228 (1) and (2) of the Criminal Act applicable to the facts constituting an offense, and Article 228 (3) and (2) of the Act on the Selection of Punishment, and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act: Imprisonment with prison labor; or

1. The defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are recognized, and present.

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