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(영문) 인천지방법원 2019.03.21 2018고단9077
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around July 2016, the Defendant received a proposal from a distributor of a bearer passbook in the name of the Defendant (hereinafter “B”) to the effect that “to lend KRW 25 million to a person who establishes a juristic person and opens an account in the name of the juristic person.” The Defendant, despite having no actual intent to establish and operate the company, established a tentatively named company as the representative of the Defendant, and had the intent to open an account in the name of the juristic person and transfer the account to the said person.

1. On July 22, 2016, the Defendant made an application for the establishment registration of a corporation by stating the following: (a) the purpose of opening and transferring a passbook was to operate a corporation with the purpose of wholesale business in 514, Mayang-si, Nam-si, Nam-si, Nam-si; (b) the fact was merely the purpose of opening and transferring a passbook as above; and (c) the above person under the name of the company did not intend to establish and operate a corporation with the intent to actually become the director of the corporation; (d) the Defendant’s certificate of personal seal impression, the certificate of consolidated balance for proving the payment of shares, etc. was submitted to the public official in charge of registration; (c) the “A”; and (d) the name of the director; and (d) the auditor’s name “C”; and (c) the head office of the Gyeonggi-do, Nam-do; (c) the total amount of capital; and (d) the purpose was “one

A public official in charge of the above registration, who is unaware of such circumstance, shall enter the register in the computerized register so that the registration of the incorporation of the "D" can be completed, and as above, he/she kept the above register in the computerized register.

As a result, the defendant, in collusion with the above person who was not entitled to the name, made a false report to enter false facts in the corporate register in the same electronic records as the original of the notarial deed, and exercised it by making it available for the electronic data processing in corporate register, and in the same manner, two times in total as indicated in the list of crimes (1).

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