The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and nine months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Of the cases in 2019Noh882 as indicated in the lower judgment, the prosecutor ex officio determination as to the use of false entry into public electronic records, etc., and the use of false entry into public electronic records, etc., among the cases in 2019Noh82 as indicated in the lower judgment, the Defendant applied for registration of incorporation without actual intent or ability to operate a stock companyO (hereinafter “the company in this case”), and made it recorded the establishment of the company in the commercial registration information system, which is a public electronic record, on the premise that it was false report, the Defendant applied for registration of incorporation, and made it recorded in the commercial registration information system, a false report.

Article 228(1) of the Criminal Act is a crime, the legal interest of which is to guarantee the public credibility of an official document recognized as special credibility, and is established by having a public official make a false report contrary to the truth and enter or register false facts inconsistent with the substantive relations, such as the original of a notarial deed or the same electronic record, etc. Therefore, if there is no matter stated in the original of a notarial deed, etc. or there is a defect falling under the invalidation even if there is an appearance,

(see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007). Defects related to the establishment of a corporate corporation are classified into “cases where a company exists” and “cases where a company has grounds for invalidation in the establishment of a company” depending on the degree of such defects.

According to the evidence submitted by the prosecutor, it is recognized that the name-based persons received documents for the establishment of the company from the defendant, such as a certificate of personal seal impression, and applied for registration of incorporation of the company

However, the defendant did not intend to operate the company of this case for the purpose stipulated in the articles of incorporation.