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(영문) 창원지방법원 2018.02.09 2017고단2559
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant had the intent to establish a false legal entity under the proposal that “if one opens a legal entity after opening one, to lend 15 million won to the legal entity as statutory person.” On August 5, 2015, the registration division of the Changwon District Court located in Changwon District Court, which was held in the city around August 5, 2015, the Defendant did not actually establish and operate a legal entity with the representative director, and C’s auditor. After registering the establishment of a legal entity without actually establishing the legal entity’s office, the Defendant intended to open an account under the name of the legal entity and receive loans, while opening an account in the name of the legal entity for the purpose of the wholesale and retail business of household goods, etc., the Defendant submitted an application for registration of the legal entity which was falsely prepared to the public official in charge of the legal entity and filed a false application for registration with the public official in charge of the legal entity, thereby making the aforementioned public official in charge of the legal entity not aware of such fact enter the legal entity’s computer register into the legal entity’s electronic register.

Accordingly, the defendant had recorded false facts in the computer system of the corporate register, which is the same electronic records as the original copy of the process deed, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (as to the confirmation of the E);

1. A written confirmation of the results of the transfer of electronic financial instruments and financial reply data;

1. Application of Acts and subordinate statutes to all documents submitted at the time of application for registration;

1. Relevant Article 228(1) of the Criminal Act and Article 228(1) of the Criminal Act (the point of false entry of electronic records, the choice of imprisonment), Articles 229 and 228(1) of the Criminal Act (the point of an event of false electronic records, the choice of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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