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(영문) 대구지방법원 서부지원 2017.11.21 2017고단1103
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. The Defendant: (a) appears to have been aware of a loan text message through a single-name B (around October 21, 2016, the Defendant appears to have been indicted as a C who was designated by the Party Administration as a crime of re-use of an electronic record, etc.; (b) however, the Defendant’s memory as to whether he was aware of C, is not clear; (c) is present before the investigation; and (d) made a proposal to the effect that “I would make a floating company and make a loan to the one-time company and then bring it out by making a loan to the one-time company as stated in B as the Defendant’s statement”; and (c) intended to make the one-time “Y corporation,” by means of the most payment of subscription money, etc.; and (d) opened

2. Criminal facts;

A. (1) On September 23, 2015, the Defendant: (a) deposited the shares of “D” (hereinafter “D”) into the account in the name of the Defendant under the name of the Daegu Bank; and (b) issued a certificate of deposit of shares from the said bank; (c) on October 7, 2015, the Daegu District Court prepared documents necessary for the registration of the establishment of D’s corporation, including a certified copy of Defendant’s resident registration, seal impression, etc.; and (d) submitted the said documents to the public official in charge, who is aware of the fact, entered and preserved the said application in the registration book of the electronic records information system of the corporation, which is an electronic records; and (d) deposited the shares into the account in the name of the said bank; and (e) deposited the same in the register of the corporation, which is an electronic records, and (e) withdrawn the shares under the name of B.5 million won.

As above, the defendant pretended to make payment of 5 million won for the stock price, and even though the corporation D was not established, the defendant made a false report to the public official and made it recorded in the register of the corporation which is an electronic record.

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