The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the grounds for appeal is examined ex officio as to the event, such as an electronic record as set forth in paragraph (1) of the facts charged, false entry, and false electronic record.

The prosecutor asserts that since the defendant did not actually establish a juristic person but falsely reported and recorded the fact of incorporation in the commercial computer system of the electronic records, it constitutes a crime of false recording, such as the re-registration of the electronic records, etc., and a crime of false recording electronic records.

Article 228(1) of the Criminal Act is a crime of protecting the public credibility of official documents recognized as special credibility and is established by having a public official file a false report contrary to the truth with respect to the public official and enter or register false facts inconsistent with the substantive relations, such as the original copy of a process deed or the same electronic record. Thus, even if there is no matter stated in the original copy of a process deed, etc. or there is a defect that is invalid even if there is an appearance, if there is a defect that is invalid, the defect in the incorporation of a limited liability company constitutes a false statement (see Supreme Court Decision 2006Do848, May 31, 2007). The defect in the incorporation of a limited liability company is divided into “where there is no company exists” and “where there is a reason to nullify the incorporation of a company” depending on

According to the evidence duly admitted and duly examined, the fact that B and C (referred to as “Defendant, etc.” in the following cases) distributed the defendant’s role is recognized as having made a false application for registration of incorporation of a limited company G company without due process for the establishment of the company.

However, the defendant et al. did not have an intention to operate the company for the purposes prescribed in the articles of incorporation.

Even if a company is established, it has the intention to open an account under the name of the company, and the registration of incorporation of the company was actually made.