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(영문) 인천지방법원 2018.01.26 2017고단7915
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 2016, the Defendant: (a) received a proposal from a person who was unaware of his/her name to the effect that “the establishment of a legal entity and the registration of the legal entity, and the opening of an account in the name of the business entity,” and (b) made documents necessary for the establishment of the legal entity at the request of a person who was unable to obtain his/her name; (c) the Defendant placed his/her resident registration certificate, seal impression certificate, seal impression certificate, etc.; and (d) issued a lease contract, articles of incorporation, etc. using the same to the Defendant.

Accordingly, on May 10, 2016, the defendant had the above documents and used them at the registry of the Seoul Central District Court in Seocho-gu on May 10, 2016. The fact was for the purpose of establishing a floating corporation to transfer the passbook, and the defendant merely did not intend to operate the passbook D and submitted documents necessary for the registration made by the winners of the above corporation's name, such as a certificate of personal seal impression in the defendant's name, a certificate of limited liability company's registration application, etc., and submitted documents necessary for the registration made by the winners of the above corporation. The above registration and the public official in charge, who is aware of the fact, shall enter such false facts as the company's trade name, the head office and address, and the total amount of capital, etc., in the registry of the corporation, which is a public electronic records, and exercised them by allowing them to be kept at the same time, and by using them at that time from that time to September 29, 2016.

Accordingly, the defendant, in collusion with the above person who was not aware of his name, entered false facts in the official electronic records and exercised it respectively.

2. Where an account is opened in a bank interference with business, the bank shall be liable for damages under the Electronic Financial Transactions Act depending on whether the account is negligent when it is used for a financial crime, etc.

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