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(영문) 대구지방법원 서부지원 2017.11.21 2017고단1102
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. All of the facts revealed through the Internet, the Defendant appears to be C whose indictment was suspended by being appointed by the Party Office as a crime of re-use of the official electronic records, etc. at the Party Office on October 21, 2016, but the Defendant’s memory as to whether it is C is not clear, and the Defendant’s memory is currently not clear, and then, before the investigation, he was offered a proposal to the effect that “I would make a floating company and bring it out by giving a loan if he/she goes beyond the presidential passbook,” by means of the most payment of stock price, etc., and tried to establish a “old corporation” and open the passbook in the name of the corporation and transfer the passbook to B.

2. Criminal facts;

A. (1) On September 21, 2015, the Defendant: (a) deposited money in the agricultural cooperative account in the name of the Defendant under the name of the said bank for the purpose of e-commerce wholesale and retail at the Sungdong branch in Daegu-gu, Daegu-gu; (b) KRW 5 million temporarily borrowed from B; and (c) deposited money in the agricultural cooperative account in the name of the Defendant for the purpose of e-commerce wholesale and retail; and (d) issued a certificate for the custody of shares from the said bank; and (e) on September 23, 2015, the Daegu District Court prepared documents necessary for the registration of the establishment of D, including the application for the registration of the establishment of the corporation in the name of the Defendant, “E”; (c) submitted to the public official in charge, who is aware of the fact, submitted the said application to the said public official to enter and preserve the said application in the electronic information system of the corporation, which is an electronic record, and deposited it in the name of KRW 500,000.

As above, the Defendant pretended to pay 5 million won for the share capital, and even though there was no fact that the corporation D was established, the Defendant filed a false report with respect to the public official, thereby allowing the public official to record the false fact in the register of the corporation, which is an electronic record, and exercised the same.

(2) Crimes related to F.C.

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