logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.17 2017고단4635
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant, on June 2016, intends to grant a loan to a business operator by opening an account in the name of the business operator after the establishment of a legal entity and the registration of the business operator in the name of the legal entity.

The proposal received and accepted the proposal to that effect.

On July 19, 2016, the Defendant sent the Defendant’s resident registration certificate, certificate of seal impression, and certificate of seal impression to the Defendant’s person in distress through Kwikset service. The name in distress was used in the Seoul District Court’s registration office located in Seocho-gu Seoul District Court around July 19, 2016, and the fact was merely to establish a UP and the company established to obtain loans, and despite the fact that the company was actually established B, the above registration and the public official in charge did not know of such fact enter false facts, such as the name of the Defendant’s name, the address of the head office, and the total amount of capital, in the commercial registration register, which is an electronic record, into the commercial registration register of the above company B, and used it by keeping it at that place around that time, and exercised it by making the fact recorded in the electronic record over three times in total, such as the name in the attached Table 1.

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 in the name of a corporation is opened at a bank interfering with business affairs, the bank is liable for damages under the Electronic Financial Transactions Act depending on whether the account is negligent when the account is used for financial crimes, etc., and therefore, whether the relevant corporation is a normal corporation or not is an important confirmation in the bank’s business affairs.

In order to eradicate big losses to the people's economy, the Governor of the Financial Supervisory Service has been in force since October 2012.

arrow