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(영문) 대구지방법원 2019.05.10 2019고단1121
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 11 through 19 and 50 shall be confiscated from the accused.

Reasons

Punishment of the crime

In fact, the Defendant established a company and registered a “deficial corporation” without the actual intent to operate the company, and opened an account in the name of the corporation using it, made the passbook and cash card, which is a means of access connected to the account, and sold it to the unlawful criminal organization using the illegal sports soil, loan fraud, scaming, etc.

1. False entry into public electronic records, and any event such as false entry into public electronic records;

A. On August 11, 2016, the Defendant: (a) prepared a false application for registration of incorporation, and filed an application for registration with a public official in charge of registration under his name, as if the Defendant did not intend to establish and operate a corporation as the representative director of the corporation, such as paying corporate capital and establishing a corporation’s office, etc., in the Daejeon District Court (Seoul Special Metropolitan City), Seo-gu, Chungcheongnam-do, Chungcheongnam-do; and (b) filed an application for registration with the public official in charge of registration under his/her name, as he/she did not intend to establish and operate the corporation

A public official in charge of the above registration, who is unaware of such circumstance, entered the computer system in order to complete the registration of incorporation of “B” in the corporate register, and kept the said computerized corporate register in which the aforementioned false fact was recorded.

Accordingly, the defendant made a false report to a public official to record false facts in the corporate register in the same electronic records as the original of the notarial deed, and exercised it by having it kept in the computerized register of corporate register.

B. On November 29, 2016, the Defendant: (a) had C, the father of the Defendant, establish a limited company for the purpose of distributing food materials, distributing kitchen supplies, etc., even though he/she did not intend to establish and operate the corporation as the representative director of the corporation; (b) had C, the father of the Defendant, establish the corporate office in the registration of the Daejeon District Court Branch of the Daejeon District Court located in 14-7, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

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