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(영문) 서울남부지방법원 2017.08.30 2017고단3137
공전자기록등불실기재등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2016, the Defendant received a proposal to the effect that “If a corporation head is created after creating a floating company, he/she would make it possible to obtain a loan by creating transaction performance on the corporate head of the Tong.” The Defendant, such as an electronic record, etc., and an electronic record, which recorded false records, such as a public electronic record, was used for creating a floating company whose representative is the Defendant.”

On February 16, 2016, the Defendant: (a) sent documents for the establishment of a corporation, such as a certificate of personal seal impression, resident registration, etc., to the office of non-permanent certified judicial scrivener located in Seocho-gu Seoul, Seocho-gu, without having established a sales company, such as clothes, etc., by investing KRW 28,00,000 in capital as the representative of the Defendant; (b) requested the employees of the above certified judicial scrivener office in the Seocho-gu Seoul Central District Court’s registry office located in Seocho-gu, Seoul to “if it is necessary to establish a corporation that sells clothes, etc., by proxy, to request the establishment of the corporation; and (c) around February 16, 2016, the Seoul Central District Court made the said director’s “A” and the total amount of capital to prepare documents necessary for the establishment registration, such as an application for the establishment of a limited company D; and (d) made the said public official know of the fact to enter the electronic records system into the electronic records system as above and kept the electronic records system.

As a result, the Defendant made a false report to a public official to record false facts in the same electronic record as that of the corporate registry, and around that time, exercised the same electronic record as that of the above corporate registry where false facts were recorded.

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