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(영문) 인천지방법원 2017.05.25 2016고단8721
공전자기록등불실기재등
Text

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

1. On September 2015, the Defendant established a stock company from a person without his/her name to make a registration of a juristic person, and accepted the establishment of a bank account under the name of the juristic person to offer access media KRW 80-1 million per a bank account, and received a certificate of seal impression necessary for the establishment of a stock company from a person without his/her name to a person with no name to obtain a certificate of seal impression and a personal identification card.

On September 30, 2015, the person whose name is infinite is infinite District Court in Ansan-si, and the fact is infinite-si, despite the fact that the corporation was established B, by submitting documents necessary for the registration of the corporation, such as a certificate of personal seal impression in the name of the defendant, an application for the registration of incorporation of the corporation, etc., and having the public official in charge of the registration and the public official in charge enter the false facts, such as the trade name, the head office address, and the total amount of capital of the corporation, which is an electronic record, into the commercial registration register,

Accordingly, the defendant, in collusion with the person who was unable to use his name, made a false report to the public official and made the public official enter false facts in the electronic records and exercised it.

2. No person shall transfer or acquire any access medium;

Nevertheless, on November 9, 2015, the Defendant opened the Agricultural Cooperative Account (C) in the name of the No. 248-ro, No. 248, in the vicinity of the No. 248-ro, the Defendant transferred the access media by informing the name-oriented party of the passbook, cash card, and the cash card number to the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of financial transactions, application of statutes on certified copies of registers;

1. Article 228(1) and Article 30 of the Criminal Code for criminal facts (the point in which electronic records, etc. are reproduced).

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