logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.31 2019고단861
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On April 2016, the Defendant, without a real intention to operate a company, established a prompt term-making corporation for the only purpose of opening a passbook, and had the intention to open and transfer an account in the name of such corporation.

1. On April 19, 2016, the Defendant in violation of the Commercial Act: (a) transferred KRW 5 million from E to the F Association account (G) under the name of the Defendant in the name of the payment for the share capital in Seo-gu, Daejeon; (b) transferred the share capital to the F Association account in the name of the Defendant; (c) on the 20th of the same month of the same month, five million won of the share capital deposited as above to the H Post account in the name of the Korea Post; and (d) promised the payment for

2. The fact that the Defendant entered false information, such as public electromagnetic records, etc., and the use of false information, etc., was established as a stock company D, the purpose of which is to operate mobile phone wholesale and retail business, did not exist, and there was no actual capital for stocks.

Nevertheless, on April 20, 2016, the defendant had Daejeon District Court registered in Seo-gu Daejeon District Court, Seo-gu, Daejeon District Court, Seo-gu, Daejeon District Court prepared documents necessary for the registration of incorporation of the corporation, such as the application for incorporation of the corporation D, and submitted them to the public official in charge of knowledge of the fact. The defendant entered and kept the fact of insolvency, such as D, 2nd class K of the building, 1,000 shares issued, 1,00 shares issued, 1,00 shares issued, 1,00 shares of the company director A, and 2nd class E, in the registration computer system, which is a public electronic record.

Accordingly, the defendant had recorded false facts in the corporate registration computer system, which is a public electronic record, and exercised them.

3. In the event that an account is opened in a bank with interference with business, if the account is used for a financial crime, the bank should be liable for damages under the Electronic Financial Transactions Act, depending on whether the account is negligent, and therefore, the relevant corporation is a normal corporation.

arrow