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(영문) 수원지방법원 2014.02.13 2013고단7013
공전자기록등불실기재등
Text

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

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

In the absence of an intention to operate a company, “D” was established and registered as a title-based corporation with the name of the representative director using a certified copy of another person’s resident registration and a certificate of personal seal acquired by improper means as if the company actually operated the company, and used it to open an account in the name of the corporation, to encourage the Defendant to sell the passbook, cash card, etc., which is the means of access connected with the former, to the bearers of the name. On May 2013, when the Defendant establishes a false corporation in the same manner and opens an account in the name of the corporation, it was proposed that the Defendant would pay monthly and separate allowances of KRW 3 million from KRW 3 million to KRW 4 million from the month in return for the establishment of the account in the name of the corporation. In response to the proposal of D, the Defendant intended to establish a corporation and open several accounts in the name of the corporation.

On May 2013, the Defendant proposed to pay 140,000 won to the Defendant at the time of opening an account in the name of a juristic person which has been falsely established as if the Defendant was an employee working for the juristic person E or E in the vicinity of the Yongsan Station located in Yongsan-gu Seoul Metropolitan Government, and that he would pay 50,000 won in addition to each account at the time of opening an account. In response, E had the mind to open several accounts in the name of a juristic person and deliver the passbook, etc. to the Defendant.

In order to establish a corporation by using documents such as a copy of resident registration certificate under the name of another person offered by D, the defendant continuously proposed that F, working as an assistant to a certified judicial scrivener office, prepare a false articles of incorporation and a list of shareholders, and pay the amount of 90,000 won per unit of the corporation if the registration of the corporation is cancelled, and F, in response to this, established a false corporation, and delivered documents necessary for the registration of the corporation and its registration to the defendant after completing the registration of the corporation.

Meanwhile, D. D.

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