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(영문) 수원지방법원 안산지원 2020.01.08 2019고단3847
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 3, 2019, the Defendant received a proposal from a person without his/her name to the effect that “if he/she acquires an account in the name of the juristic person by establishing a juristic person, he/she will make a false statement of transactions and make a loan.” On or around July 3, 2019, the Seoul Central District Court, which is located in the Seocho-gu Seoul District Court 14-ro 3-ro 14, through a certified judicial scrivener, filed an application for the registration of establishment of the company “B” with the public official in charge of knowing the above fact, and had the said public official enter the said fact in the column of the principal office of the company’s corporate register “Seoul Metropolitan Government C building, D”, “one million won for investment”, “10,000,000 won”, and “10,000,000 won” in the total amount of capital stock column and “the distribution business of products” in the target column.

Accordingly, the defendant, in collusion with the name-free persons, made a false report to the public official to enter false facts in the commercial registration electronic data processing system, which is a public electronic record, and around that time, exercised it by allowing the public official to keep it in a place.

2. No person who violates the Electronic Financial Transactions Act may transfer or acquire a means of access, unless otherwise specifically provided for in any other Act;

On July 8, 2019, the Defendant: (a) sent to Kwikset service articles in front of the E-building, a passbook, e-mail card, and OTP device connected to the F bank account (G) in the name of the limited company B, and (b) informed the Kwikset service article of the password necessary for the use thereof to H.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a full certificate of registered matters);

1. A report on damage to I;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes to review the results of transfer;

1. Criminal facts;

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