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(영문) 대전지방법원 2020.01.10 2019고정1125
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 2018, the Defendant, upon receiving a proposal from a person with no personal name, intended to establish a so-called “age-long corporation” without any substance of the company, in collusion with a person with no personal name, to “be able to obtain loans by opening a bank account under the name of the corporation and increasing transaction performance.”

On November 2018, the Defendant sent a certificate of personal seal impression, a copy of identification card, a seal, etc. under the name of the Defendant to a person who was unaware of his/her name, by mail.

On November 8, 2018, the person who was unaware of his name submitted to the public official in charge of registration for the establishment of “B” of the Seoul Central District Court, along with the documents received from the Defendant, in the registry office of the Seoul Central District Court, and had the public official in charge of registration enter and keep the false facts by having the public official in charge of registration completed the registration for establishment of the “B” corporation in the public electronic document recording system.

Accordingly, the defendant, in collusion with the person who was unable to use his name, entered false facts in the official electronic registration computer system, which is a public electronic record, and exercised them.

Summary of Evidence

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Statement of D police statement;

1. A report on internal investigation (Adjustment of details of deposits made by victims);

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 228 (1) and Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, the choice of fines concerning facts constituting an offense, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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