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(영문) 대구지방법원 서부지원 2018.01.18 2017고단1767
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 November 2015, the Defendant, such as an electronic record, etc., and an official electronic record containing false entries and false entries, was offered a proposal from a person who was iced to a lending business entity to “to grant loans exceeding KRW 10 million if he/she made a corporate business entity,” and consented thereto, thereby creating a “old-age corporation,” and opened a passbook in the name of the said corporation, and was willing to transfer the passbook to a person who was unaware of the name.

In fact, even though the Defendant did not have any idea to establish and operate a corporation B, which is “B,” a business of miscellaneous trade, etc., through a certified judicial scrivener, he/she prepared prepared documents necessary to establish the corporation. On November 24, 2015, the Defendant submitted documents necessary for the registration of incorporation, such as the Daegu District Court Branch Branch Branch Support, etc., which was located in 181 to the North Korean District Court, around the port north-gu, North Korea on November 24, 2015, to the public official in charge of the registration of incorporation, including the false application for the registration of incorporation, and submitted documents necessary for the registration of incorporation to the public official in charge of the said public official. On the same day, the Defendant had the said public official enter the false contents such as the above application in the registration book of the corporation B, a corporate electronic records, into the registration book of the corporation, which is a public electronic records, and thereafter

Accordingly, the defendant made a false report to a public official to record false facts in the corporate registry which is an electronic record, and exercised it.

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;

Nevertheless, on November 2015, the Defendant transferred two passbooks connected to two (E and F) bank accounts in the name of the company B in the business bank account in the business place located in Daegu-gu, Daegu-gu, and the end of November, 2015 to the above-mentioned non-titled medium.

Summary of Evidence

1. The defendant's statement in court;

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