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(영문) 의정부지방법원고양지원 2020.12.10 2020고단1594
공전자기록등불실기재등
Text

Defendant

A Imprisonment with prison labor for a year and two months, and for a defendant B, for eight months, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. On August 23, 2019, the Defendant, in collusion with the person in charge of false entry into public electromagnetic records, etc., submitted documents for registration of incorporation of a corporation to the public official in charge of false entry into the Seoul Central District Court’s registry in Seoul, Seocho-gu Seoul, Seoul, with the content of “mutual name: C: 4 floor E of the D building in Eunpyeong-gu Seoul, Seoul, and capital: 3:00,000,00, objective: 1.0, sales of second and second-hand items, and 1. electronic commerce.”

However, in fact, the defendant established a stock company and opened a passbook in the name of the stock company and did not have paid capital only for the purpose of distributing the passbook.

On August 23, 2019, the Defendant: (a) had a public official in charge of registration of a court, who knows the above fact, enter the entries in the corporate register of the commercial registration electronic data processing system; and (b) around that time, had him use it by keeping the commercial registration electronic data processing system in which the false facts are entered; and (c) filed an application for the establishment of false corporate registration with the above method four times from that time to September 17, 2019, by having the public official in charge keep the commercial registration electronic data processing system in which the false facts are entered.

(b) No person violating the Electronic Financial Transactions Act shall transfer the means of access by financial institutions.

On August 30, 2019, the Defendant: (a) sent to the person under whose name the Defendant was named, at a closed place on or around August 30, 2019, a cream card, passbook, OPT card, and each password, which is linked to the corporate bank account (Account NumberF) established by the Defendant, using Kwikset Service; and (b) delivered the cream card, passbook, OPT card, and each passwords to the above method from around that time to September 24, 2019, in total, 11 times, as described in attached Table 2.

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