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(영문) 대전지방법원 논산지원 2016.10.18 2016고단442
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2012, the Defendant was sentenced to imprisonment with prison labor for the crimes of false entry into public electromagnetic records, etc. in Daejeon District Court, Daejeon District Court, on November 15, 2013.

After establishing a limited partnership company in the name of the defendant, the company opened an account in the name of the corporation and listens to the statement that it would give one million won on the face of the means of electronic financial transactions, such as the cash card, and in collusion with B to establish a false corporation in the name of the defendant.

In collusion with B on February 29, 2012, the Defendant: (a) in collusion with B, the Daejeon District Court (Seoul District Court); (b) there was no fact that the Defendant either established a limited partnership C or invested capital; (c) the Defendant ordered B to apply for registration of incorporation of a limited partnership C; and (d) the Defendant, in accordance with B’s order, prepared an application for registration of incorporation of a juristic person with the purport that “Unlimited Members A, A, 7,000,000,000, in full performance of full payment of KRW 3,000,000,000, in full payment of KRW 3,000,000, representative members A, and the head office Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do.”

After that, the Defendant and B filed an application for the registration of incorporation of a limited partnership C, which was falsely prepared in the above registration division on the same day with the public official in charge, and had the public official in charge know of such circumstances enter the contents of the above application in the corporate register of the commercial registration electronic information system.

Accordingly, in collusion with B, the Defendant made a false application to the public official as above, and made it enter false facts in the commercial electronic information processing system, which is a public electronic record, and around that time, made it available for perusal of the corporate register containing false facts as above.

B. The Defendant committed the crime of establishing a false limited partnershipF in collusion with B, as above, Paragraph 1(a).

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