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(영문) 전주지방법원 2016.08.19 2016고단783
공정증서원본불실기재등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant violated the Commercial Act, falsely entered the original of the deed of process, and the original deed of process in which false entries are entered, was a director of the company as promoters who established D with limited liability for the purpose of electronic commerce business, etc. on November 14, 2014, following the registration of establishment of the said corporation without any substance, and the intention to open and transfer the passbook account in the name of the said corporation.

On November 14, 2014, the Defendant filed for registration of limited company D through a certified judicial scrivener E at the Jeonju District Court of 39, Doksan-si, the Seoul High Court of Doksan-si, in order to make a registration of limited company D through a certified judicial scrivener E, notwithstanding the absence of payment of capital, and submitted to the public official in charge of false investment certificates and relevant documents that make the said public official enter “10,000,000 won” in the total amount of capital of the commercial registry, and around that time, had the said public official keep the said commercial registry at the same place as the said commercial registry.

Accordingly, the defendant pretended to pay for the establishment of limited company D, entered false facts in the commercial register, which is the original copy of the process deed, and exercised the commercial register stating false facts.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing any access medium;

After the Defendant established a limited company D as above, on November 27, 2014, the Defendant transferred the access media in the same way five times in total, from that time to December 18, 2014, including the transfer of a passbook (Account Number F), cash card, OTP (one-time password), password, Internet banking Is and passwords established in the name of the above company prior to the YY, Young-si, Busan Metropolitan City. In addition, the Defendant transferred the access media in the same way as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant;

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