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(영문) 광주지방법원 순천지원 2019.05.09 2019고단369
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant received a proposal from a person without his/her name name to the effect that “If he/she lends the check card in the name of a juristic person, he/she will give KRW 1 million to one month per account.” The Defendant, despite having no actual intent to establish and register the company, established and registered the company, and used it to open an account in the name of the juristic person, made the account in the name of the juristic person, made the passbook, cash card, etc., which is the means of access connected to the said account, and then lent it to the person with no name.

1. On February 22, 2018, the Defendant prepared a false application for registration of incorporation with no intent to establish and operate a corporation due to the actual director of the Gwangju District Court's net support registry office located in the Hancheon-ro 26, Nam-ro, Nam-do, Nam-do, Nam-do, Nam-do, and applied for registration of incorporation with a public official in charge of registration with no intention to establish and operate a corporation.

A public official in charge of the above registration, who is unaware of such circumstance, entered the computer system in order to complete the registration of incorporation of “B” in the corporate register, and kept the said computerized corporate register in which the aforementioned false fact was recorded.

Accordingly, the defendant made a false report to a public official to record false facts in the corporate register in the same electronic records as the original of the notarial deed, and exercised it by having it kept in the computerized register of corporate register.

2. No person who violates the Electronic Financial Transactions Act shall direct any transaction in electronic financial transactions or lend any means of access, such as cash cards, which are electronic cards, used to secure the authenticity and accuracy of users and the details of such transaction, in return for promising to receive any consideration, unless otherwise expressly provided for in other Acts

Nevertheless, the defendant, on February 2018, has a physical card of the account in the name of the corporation from a person who has not been named at the end of the year.

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