Text
The punishment of the accused shall be determined by one year and two months.
Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
From October 2017 to November 201 of the same year, the Defendant received a proposal from a name-free person to the effect that “making a false transaction performance and reducing a business operator’s loan, making a juristic person, and opening and transferring an account.” The Defendant intended to create a “age-long company” without any substance, and then open and transfer an account in the name of the company.
1. On November 16, 2017, the Defendant filed an application for registration of incorporation of a limited liability company with the following descriptions: (a) around 14:06 on the violation of the Commercial Act; (b) the documents necessary for the incorporation of the limited liability company, including a certificate of investment payment of KRW 10 million, from the registration of the Daejeon District Court, on the grounds that the Defendant paid KRW 14:06,000,000,000 to the registration of the Daejeon District Court; and (c) the trade name was written as “C”, “10,000
However, the defendant was voluntarily produced a contribution receipt, etc. without paying the actual share price.
Nevertheless, the defendant filed an application for registration of incorporation as above and had a registered public official who is aware of such fact enter the above registered matters in the commercial register computerized information system.
As a result, the defendant pretended to pay the share capital, made a false report on the payment of the share capital to record false facts in the commercial register computer system, which is the same electronic records as the original of a notarial deed, and exercised it by allowing it to be kept around that time.
2. No person who violates the Electronic Financial Transactions Act may transfer or acquire a means of access, unless otherwise specifically provided for in any other Act;
Nevertheless, around December 2017, the Defendant delegated D with the opening of a new passbook, e-mail card, Internet banking, etc. to D, and caused D to do so, at the point of the Daejeon Metropolitan City, Seo-gu IBK Bank as of December 11, 2017.