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(영문) 부산지방법원 2019.08.14 2018고단5818
공전자기록등불실기재등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On May 1, 2015, Defendant B was sentenced to one year of imprisonment with prison labor at the Busan District Court for interference with business, etc., and completed the execution of the sentence on November 13, 2018. On April 6, 2018, Defendant B was sentenced to one year of imprisonment with prison labor for an act of violating the Electronic Financial Transactions Act, etc. and the judgment became final and conclusive on November 9, 2018.

[2018 Highest 5818] Defendant B proposed that C be given monetary consideration equivalent to KRW 200 to KRW 3 million each month by creating a false legal entity and opening an account in the name of the legal entity. Upon receiving the proposal, Defendant A, the branch of the legal entity, established so-called “age-long corporation” to Defendant A, and requested that the account be opened under the name of the said legal entity, and then Defendant A actually established the legal entity and opened the account under the name of the legal entity, and then, Defendant A conspired to deliver it to Defendant B.

1. In collusion with C on May 17, 2016, the Defendants’ events such as false entry, false entry, and false entry, public electronic records, etc., in collusion with C, the Changwon District Court Kimhae registry at Kimhae-si, Kim Jong-chul-si, and the facts are as follows: (a) although there was no actual payment of capital and there was no intent to operate a business in accordance with the purpose of registration, the Defendants paid the capital; and (b) as if the office was established and the office was established, a false application for the establishment registration of a corporation; (c) articles of incorporation; (d) a resolution of directors and half-party resolutions; (e) a list of members, receipt, acceptance of office acceptance, and capital registration; and (e) a public official, who is aware of the circumstances, has a public official enter the said circumstances into the commercial information processing system with the same public electronic records as the commercial information processing system; and (e) had a public official enter the said matters as a public official, “one company D”, the head office of which is the same as the commercial information registry.

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