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(영문) 서울동부지방법원 2018.11.22 2018고단3146
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, upon receiving a proposal from a person in the name of a juristic person to establish a juristic person and create and transfer an account in the name of the juristic person, made a false registration for the establishment of the juristic person, and had the intention to open an account in the name of the juristic person and transfer it to the person with no name.

1. On December 21, 2016, the Defendant: (a) at the Seoul Central District Court’s registry office located in 14-lane 3-3, Seocho-gu, Seoul District Court around December 21, 2016; and (b) at the registry office of the Seoul Central District Court; and (c) at the fact, the corporation “with limited liability C” did not have any substance; (d) a certified judicial scrivener whose name is unknown and who did not know of the fact, prepared an application document for the establishment of the corporation and submitted it

Accordingly, the public official in charge of being aware of such fact was required to register the establishment of the company in the column of "place of the principal office" of the above company's registry in the commercial information processing system by inputting each of the above company's "place of the principal office" into "place of the registry of the above company's registry of the above company," "gold 1,000 won" and "total amount of capital" column, "gold 3,000,000 won" and "purpose" column.

Accordingly, the defendant made a false report to the public official to record false facts in the commercial registration electronic data processing system, which is the same as the original copy of the certificate of process, and had him keep it in the same place.

2. No person who violates the Electronic Financial Transactions Act shall transfer any access medium used for electronic financial transactions unless otherwise specifically provided for in any other Act in using or managing any access medium;

Nevertheless, on January 13, 2017, the Defendant opened a national bank account (Account Number E) in the name of a limited company C, and around that time, opened a passbook, check card, OTP card, etc. connected to the above account to a name-free person in the vicinity of the Seoul Gangnam-gu Station or tin village.

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