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(영문) 대구지방법원 2018.04.06 2018고단285
공전자기록등불실기재등
Text

Defendant

A and Defendant C shall be punished by imprisonment with prison labor for one year and four months, and Defendant B by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

Notwithstanding the absence of actual intent to establish and operate a factual company, Defendant A, in collusion with G et al., established and registered a tentatively named “Y corporation,” and opened an account in the name of the corporation by using it, created a passbook and cash card connected to the said account, and supplied the said G et al. to the public offering book, and offered the said G et al.’s solicitation book to sell it to an irregular criminal organization, such as sports Saturdays, loan fraud, and phishing.

1. On November 10, 2015, the Defendant: (a) conspired with the public electronic records and records; (b) in collusion with the recruitment policy for public circulation passbooks, such as G, etc.; (c) made a false application for registration of a juristic person and filed an application for registration of a juristic person with the public official in charge of registration in the name of the Seoul Central District Court, which became the representative director of the juristic person and established a juristic person’s office; and (d) did not intend to establish and operate a juristic person; and (c) filed a false application for registration of a juristic person with no intent to establish and operate the juristic person for the purpose of selling male clothes, retail, etc.

A public official in charge of the above registration, who is unaware of such circumstance, entered the electronic data entry into the corporate registry so that the establishment, etc. of “H” can be completed on the corporate registry, and exercised it by allowing the said corporate registry to keep the electronic data recording of the said corporate registry.

Accordingly, the Defendant, in collusion with the solicitation of public officials of G, etc., shall make false reports to public officials to record false facts in the corporate registry of the same electronic records as the original copy of the fair deed by making a false report to the public official. In addition, from around that time to around 16th of the same month, the Defendant used it by making it available on the corporate registry computerized, and through the above method, three times in total, such as the list of crimes (1).

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