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(영문) 인천지방법원 2020.02.13 2019고단9627
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around October 2018, the Defendant: (a) received a proposal from Dozin B to the effect that “I will establish a floating corporation, open an account in its name, and transfer the means of access to C, and would pay KRW 500,000 per account,” and (b) conspired with B to establish a floating corporation under the name of the Defendant and transfer the means of access to C.

1. On October 8, 2018, the Defendant requested a certified judicial scrivener whose name is defective in all necessary documents, such as the Defendant’s resident registration, an abstract of the Defendant’s resident registration, and a balance certificate, in accordance with the above public offering, to incorporate the corporation. On the same day through the above certified judicial scrivener, the Seoul Central District Court applied for the registration of incorporation of the “Seoul Geumcheon-gu D and E” as the address of the principal office using Defendant’s personal information in the Seocho-gu Seoul Central District Court’s registry located in Seocho-gu, Seocho-gu, Seoul Central District Court’s registry in the name of Seocho-gu, Seoul Central District Court, with the total amount of capital of KRW 1,00,00,000, for the establishment of the F corporation’s registry in the corporate register of the Commercial Registration Information System, and the trust made a registered public official under the name to register the incorporation

However, the above corporations were formally established in order to create and sell a passbook in the name of the Defendant and B, and the Defendant received KRW 1 million from B to temporarily deposit it in the account in the name of the Defendant and received only a balance certificate, and only returned it to B, and there was no payment of capital in relation to the above corporations.

Accordingly, the Defendant conspired with B to make a false report to a public official, thereby allowing him to enter false facts in the commercial registration electronic data processing system, which is a public electronic record, and at that time allowing him to peruse the public electronic records containing false facts.

2...

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