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(영문) 광주지방법원 2019.03.08 2018고단5182
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 30, 2017, the Defendant filed an application for registration of incorporation of a limited company with the name-unregistered public official in the registry of the Gwangju District Court located in 106, Seo-gu, Gwangju, Seo-gu, Gwangju, for the establishment of the company, even though he did not have paid the total amount of investment for the establishment of the company, and there was no intent to establish the limited company B, such as the absence of corporate office, the trade name was “B of the limited company,” “B of the Mine-gu, Gwangju, D, the total amount of capital”, “5,00,000 won”, “number of musical instruments repair and sale business, etc.”, and “A.”

Accordingly, the registry official who is not aware of the fact is entered in the commercial register in a computerized form so that the establishment of the limited company B has been registered, and at that time the above Gwangju District Court kept the commercial register in which the above fact of insolvency has been recorded.

Accordingly, the defendant filed a false report to a public official to record false facts in the commercial register which is the same electronic records as the original copy of a notarial deed, and exercised it.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access used in electronic financial transactions;

Nevertheless, around August 23, 2017, the Defendant issued the means of access by delivering physical cards and OTP connected to the H account under the name of limited liability company B to the bearers sent by 'G upon the request of the 'G' in the F market located in Gwangju Northern-gu, Gwangju, according to the request of the 'G', to create an account under the name of the corporation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and J;

1. An investigation report (ab registration application for incorporation of a limited liability company);

1. Full certificate of the registered matters;

1. Application of the certificate of remittance or the details of remittance;

1. Relevant Articles 228(1) and 229 and 228(1) of the Criminal Act for criminal facts.

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